Pursuant to the provisions of paragraph (e), Article 11, of R.A. No.

7836, otherwise known as the

Philippine Teachers Professionalization Act of 1994 and paragraph (a), section 6, P.D. No. 223, as
amended, the Board for Professional Teachers hereby adopt the Code of Ethics for Professional
Teachers.
Preamble
Teachers are duly licensed professionals who possesses dignity and reputation with high moral values as
well as technical and professional competence in the practice of their noble profession, and they strictly
adhere to, observe, and practice this set of ethical and moral principles, standards, and values.
Article I: Scope and Limitations
Section 1. The Philippine Constitution provides that all educational institution shall offer quality
education for all competent teachers. Committed to its full realization, the provision of this Code shall
apply, therefore, to all teachers in schools in the Philippines.
Section 2. This Code covers all public and private school teachers in all educational institutions at the
preschool, primary, elementary, and secondary levels whether academic, vocational, special, technical,
or non-formal. The term teacher shall include industrial arts or vocational teachers and all other
persons performing supervisory and /or administrative functions in all school at the aforesaid levels,
whether on full time or part-time basis.
Article II: The Teacher and the State
Section 1. The schools are the nurseries of the future citizens of the state; each teacher is a trustee of
the cultural and educational heritage of the nation and is under obligation to transmit to learners such
heritage as well as to elevate national morality, promote national pride, cultivate love of country, instill
allegiance to the constitution and for all duly constituted authorities, and promote obedience to the
laws of the state.
Section 2. Every teacher or school official shall actively help carry out the declared policies of the state,
and shall take an oath to this effect.
Section 3. In the interest of the State and of the Filipino people as much as of his own, every teacher
shall be physically, mentally and morally fit.
Section 4. Every teacher shall possess and actualize a full commitment and devotion to duty.
Section 5. A teacher shall not engage in the promotion of any political, religious, or other partisan
interest, and shall not, directly or indirectly, solicit, require, collect, or receive any money or service or
other valuable material from any person or entity for such purposes.

Section 6. Every teacher shall vote and shall exercise all other constitutional rights and responsibility.
Section 7. A teacher shall not use his position or official authority or influence to coerce any other
person to follow any political course of action.
Section 8. Every teacher shall enjoy academic freedom and shall have privilege of expounding the
product of his researches and investigations; provided that, if the results are inimical to the declared
policies of the State, they shall be brought to the proper authorities for appropriate remedial action.
Article III: The Teacher and the Community
Section 1. A teacher is a facilitator of learning and of the development of the youth; he shall, therefore,
render the best service by providing an environment conducive to such learning and growth.
Section 2. Every teacher shall provide leadership and initiative to actively participate in community
movements for moral, social, educational, economic and civic betterment.
Section 3. Every teacher shall merit reasonable social recognition for which purpose he shall behave
with honor and dignity at all times and refrain from such activities as gambling, smoking, drunkenness,
and other excesses, much less illicit relations.
Section 4. Every teacher shall live for and with the community and shall, therefore, study and
understand local customs and traditions in order to have sympathetic attitude, therefore, refrain from
disparaging the community.
Section 5. Every teacher shall help the school keep the people in the community informed about the
schools work and accomplishments as well as its needs and problems.
Section 6. Every teacher is intellectual leader in the community, especially in the barangay, and shall
welcome the opportunity to provide such leadership when needed, to extend counseling services, as
appropriate, and to actively be involved in matters affecting the welfare of the people.
Section 7. Every teacher shall maintain harmonious and pleasant personal and official relations with
other professionals, with government officials, and with the people, individually or collectively.
Section 8. A teacher posses freedom to attend church and worships as appropriate, but shall not use his
positions and influence to proselyte others.
Article IV: A Teacher and the Profession
Section 1. Every teacher shall actively insure that teaching is the noblest profession, and shall manifest
genuine enthusiasm and pride in teaching as a noble calling.

Section 2. Every teacher shall uphold the highest possible standards of quality education, shall make the
best preparations for the career of teaching, and shall be at his best at all times and in the practice of his
profession.
Section 3. Every teacher shall participate in the Continuing Professional Education (CPE) program of the
Professional Regulation Commission, and shall pursue such other studies as will improve his efficiency,
enhance the prestige of the profession, and strengthen his competence, virtues, and productivity in
order to be nationally and internationally competitive.
Section 4. Every teacher shall help, if duly authorized, to seek support from the school, but shall not
make improper misrepresentations through personal advertisements and other questionable means.
Section 5. Every teacher shall use the teaching profession in a manner that makes it dignified means for
earning a descent living.
Article V: The Teachers and the Profession
Section 1. Teachers shall, at all times, be imbued with the spirit of professional loyalty, mutual
confidence, and faith in one another, self-sacrifice for the common good, and full cooperation with
colleagues. When the best interest of the learners, the school, or the profession is at stake in any
controversy, teachers shall support one another.
Section 2. A teacher is not entitled to claim credit or work not of his own, and shall give due credit for
the work of others which he may use.
Section 3. Before leaving his position, a teacher shall organize for whoever assumes the position such
records and other data as are necessary to carry on the work.
Section 4. A teacher shall hold inviolate all confidential information concerning associates and the
school, and shall not divulge to anyone documents which has not been officially released, or remove
records from files without permission.
Section 5. It shall be the responsibility of every teacher to seek correctives for what may appear to be an
unprofessional and unethical conduct of any associate. However, this may be done only if there is
incontrovertible evidence for such conduct.
Section 6. A teacher may submit to the proper authorities any justifiable criticism against an associate,
preferably in writing, without violating the right of the individual concerned.
Section 7. A teacher may apply for a vacant position for which he is qualified; provided that he respects
the system of selection on the basis of merit and competence; provided, further, that all qualified
candidates are given the opportunity to be considered.

Article VI: The Teacher and Higher Authorities in the Profession

Section 1. Every teacher shall make it his duty to make an honest effort to understand and support the
legitimate policies of the school and the administration regardless of personal feeling or private opinion
and shall faithfully carry them out.
Section 2. A teacher shall not make any false accusations or charges against superiors, especially under
anonymity. However, if there are valid charges, he should present such under oath to competent
authority.
Section 3. A teacher shall transact all official business through channels except when special conditions
warrant a different procedure, such as when special conditions are advocated but are opposed by
immediate superiors, in which case, the teacher shall appeal directly to the appropriate higher
authority.
Section 4. Every teacher, individually or as part of a group, has a right to seek redress against injustice to
the administration and to extent possible, shall raise grievances within acceptable democratic possesses.
In doing so, they shall avoid jeopardizing the interest and the welfare of learners whose right to learn
must be respected.
Section 5. Every teacher has a right to invoke the principle that appointments, promotions, and transfer
of teachers are made only on the basis of merit and needed in the interest of the service.
Section 6. A teacher who accepts a position assumes a contractual obligation to live up to his contract,
assuming full knowledge of employment terms and conditions.
Article VII: School Officials, Teachers, and Other Personnel
Section 1. All school officials shall at all times show professional courtesy, helpfulness and sympathy
towards teachers and other personnel, such practices being standards of effective school supervision,
dignified administration, responsible leadership and enlightened directions.
Section 2. School officials, teachers, and other school personnel shall consider it their cooperative
responsibility to formulate policies or introduce important changes in the system at all levels.
Section 3. School officials shall encourage and attend the professional growth of all teachers under them
such as recommending them for promotion, giving them due recognition for meritorious performance,
and allowing them to participate in conferences in training programs.
Section 4. No school officials shall dismiss or recommend for dismissal a teacher or other subordinates
except for cause.
Section 5. School authorities concern shall ensure that public school teachers are employed in
accordance with pertinent civil service rules, and private school teachers are issued contracts specifying
4

the terms and conditions of their work; provided that they are given, if qualified, subsequent permanent
tenure, in accordance with existing laws.
Article VIII: The Teachers and Learners
Section 1. A teacher has a right and duty to determine the academic marks and the promotions of
learners in the subject or grades he handles, provided that such determination shall be in accordance
with generally accepted procedures of evaluation and measurement. In case of any complaint, teachers
concerned shall immediately take appropriate actions, observing due process.
Section 2. A teacher shall recognize that the interest and welfare of learners are of first and foremost
concern, and shall deal justifiably and impartially with each of them.
Section 3. Under no circumstance shall a teacher be prejudiced or discriminate against a learner.
Section 4. A teacher shall not accept favors or gifts from learners, their parents or others in their behalf
in exchange for requested concessions, especially if undeserved.
Section 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other what
is authorized for such service.
Section 6. A teacher shall base the evaluation of the learners work only in merit and quality of
academic performance.
Section 7. In a situation where mutual attraction and subsequent love develop between teacher and
learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip and
preferential treatment of the learner.
Section 8. A teacher shall not inflict corporal punishment on offending learners nor make deductions
from their scholastic ratings as a punishment for acts which are clearly not manifestation of poor
scholarship.
Section 9. A teacher shall ensure that conditions contribute to the maximum development of learners
are adequate, and shall extend needed assistance in preventing or solving learners problems and
difficulties.
Article IX: The Teachers and Parents
Section 1. Every teacher shall establish and maintain cordial relations with parents, and shall conduct
himself to merit their confidence and respect.
Section 2. Every teacher shall inform parents, through proper authorities, of the progress and
deficiencies of learner under him, exercising utmost candor and tact in pointing out the learner's
5

deficiencies and in seeking parents cooperation for the proper guidance and improvement of the
learners.
Section 3. A teacher shall hear parents complaints with sympathy and understanding, and shall
discourage unfair criticism.
Article X: The Teacher and Business
Section 1. A teacher has the right to engage, directly or indirectly, in legitimate income generation;
provided that it does not relate to or adversely affect his work as a teacher.
Section 2. A teacher shall maintain a good reputation with respect to the financial matters such as in the
settlement of his debts and loans in arranging satisfactorily his private financial affairs.
Section 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in, any
commercial venture which furnish textbooks and other school commodities in the purchase and disposal
of which he can exercise official influence, except only when his assignment is inherently, related to
such purchase and disposal; provided they shall be in accordance with the existing regulations;
provided, further, that members of duly recognized teachers cooperatives may participate in the
distribution and sale of such commodities.
Article XI: The Teacher as a Person
Section 1. A teacher is, above all, a human being endowed with life for which it is the highest obligation
to live with dignity at all times whether in school, in the home, or elsewhere.
Section 2. A teacher shall place premium upon self-discipline as the primary principle of personal
behavior in all relationships with others and in all situations.
Section 3. A teacher shall maintain at all times a dignified personality which could serve as a model
worthy of emulation by learners, peers and all others.
Section 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of the
destinies of men and nations.
Article XII: Disciplinary Actions
Section 1. Any violation of any provision of this code shall be sufficient ground for the imposition against
the erring teacher of the disciplinary action consisting of revocation of his Certification of Registration
and License as a Professional Teacher, suspension from the practice of teaching profession, or
reprimand or cancellation of his temporary/special permit under causes specified in Sec. 23, Article III or
R.A. No. 7836, and under Rule 31, Article VIII, of the Rules and Regulations Implementing R.A. 7836.

Article XIII: Effectivity

Section 1. This Code shall take effect upon approval by the Professional Regulation Commission and
after sixty (60) days following its publication in the Official Gazette or any newspaper of general
circulation, whichever is earlier.
REPUBLIC ACT NO. 4670 June 18, 1966
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
I. DECLARATION OF POLICY COVERAGE
Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and improve
the social and economic status of public school teachers, their living and working conditions, their terms
of employment and career prospects in order that they may compare favorably with existing
opportunities in other walks of life, attract and retain in the teaching profession more people with the
proper qualifications, it being recognized that advance in education depends on the qualifications and
ability of the teaching staff and that education is an essential factor in the economic growth of the
nation as a productive investment of vital importance.
Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and shall
apply to all public school teachers except those in the professorial staff of state colleges and universities.
As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level
of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or
vocational instructors, and all other persons performing supervisory and/or administrative functions in
all schools, colleges and universities operated by the Government or its political subdivisions; but shall
not include school nurses, school physicians, school dentists, and other school employees.
II. RECRUITMENT AND CAREER
Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and appointment
of teachers shall be clearly defined by the Department of Education: Provided, however, That effective
upon the approval of this Act, the following shall constitute the minimum educational qualifications for
teacher-applicants:
(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education
(B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major
and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units in
Education.
(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field
of specialization with at least eighteen professional units in education;
(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific
area of specialization;
Provided, further, That in the absence of applicants who possess the minimum educational
qualifications as hereinabove provided, the school superintendent may appoint, under a temporary
7

status, applicants who do not meet the minimum qualifications: Provided, further, That should teacherapplicants, whether they possess the minimum educational qualifications or not, be required to take
competitive examinations, preference in making appointments shall be in the order of their respective
ranks in said competitive examinations: And provided, finally, That the results of the examinations shall
be made public and every applicant shall be furnished with his score and rank in said examinations.
Sec. 4. Probationary Period. When recruitment takes place after adequate training and professional
preparation in any school recognized by the Government, no probationary period preceding regular
appointment shall be imposed if the teacher possesses the appropriate civil service
eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to employ
as teacher a person who possesses the minimum educational qualifications herein above set forth but
lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and
shall undergo a period of probation for not less than one year from and after the date of his provisional
appointment.
Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the teachers as
provided under existing laws.
Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of
necessary civil service eligibility shall be extended permanent appointment for the position he is holding
after having rendered at least ten years of continuous, efficient and faithful service in such position.
Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise
provided, no teacher shall be transferred without his consent from one station to another.
Where the exigencies of the service require the transfer of a teacher from one station to another, such
transfer may be effected by the school superintendent who shall previously notify the teacher
concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no
justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of
Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall
be held in abeyance: Provided, however, That no transfers whatever shall be made three months before
any local or national election.
Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his
transfer is finally approved.
Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act, the
Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School
Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where this is not
possible by reason of inadequate fiscal resources of the Department of Education, at least three copies
of the same Code shall be deposited with the office of the school principal or head teacher where they
may be accessible for use by the teachers.
Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each stage
of any disciplinary procedure and shall have:
a. the right to be informed, in writing, of the charges;
8

b. the right to full access to the evidence in the case;

c. the right to defend himself and to be defended by a representative of his choice and/or by his
organization, adequate time being given to the teacher for the preparation of his defense; and
d. the right to appeal to clearly designated authorities.
No publicity shall be given to any disciplinary action being taken against a teacher during the pendency
of his case.
Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a
committee composed of the corresponding School Superintendent of the Division or a duly authorized
representative who should at least have the rank of a division supervisor, where the teacher belongs, as
chairman, a representative of the local or, in its absence, any existing provincial or national teacher's
organization and a supervisor of the Division, the last two to be designated by the Director of Public
Schools. The committee shall submit its findings and recommendations to the Director of Public Schools
within thirty days from the termination of the hearings:Provided, however, That where the school
superintendent is the complainant or an interested party, all the members of the committee shall be
appointed by the Secretary of Education.
Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching
profession, or during its exercise, or in the termination of services, based on other than professional
consideration.
Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable
married couples, both of whom are public school teachers, to be employed in the same locality.
Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their
professional duties, particularly with regard to teaching and classroom methods.
III. HOURS OF WORK AND REMUNERATION
Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required to
render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give
him time for the preparation and correction of exercises and other work incidental to his normal
teaching duties: Provided,however, That where the exigencies of the service so require, any teacher may
be required to render more than six hours but not exceeding eight hours of actual classroom teaching a
day upon payment of additional compensation at the same rate as his regular remuneration plus at least
twenty-five per cent of his basic pay.
Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, cocurricula and out of school activities and any other activities outside of what is defined as normal duties
of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular
remuneration after the teacher has completed at least six hours of actual classroom teaching a day.In
the case of other teachers or school officials not engaged in actual classroom instruction, any work
performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five
per cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional compensation required under this
section. Education authorities shall refuse to allow the rendition of services of teachers for other
government agencies without the assurance that the teachers shall be paid the remuneration provided
for under this section.
Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:
(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar
qualifications, training and abilities;
(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their
families; and
(c) they shall be properly graded so as to recognize the fact that certain positions require higher
qualifications and greater responsibility than others: Provided, however, That the general salary scale
shall be such that the relation between the lowest and highest salaries paid in the profession will be of
reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary
scales relative to the upper end.
Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a minimum to
a maximum salary by means of regular increments, granted automatically after three years: Provided,
That the efficiency rating of the teacher concerned is at least satisfactory. The progression from the
minimum to the maximum of the salary scale shall not extend over a period of ten years.
Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by a city,
municipal, municipal district, or provincial government, shall not be less than those provided for
teachers of the National Government.
Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise in the
cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a
cost-of-living index. The Secretary of Education shall, in consultation with the proper government
entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the
cost-of-living allowances of teachers employed by the National Government. The determination of the
cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the
Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating
the cost-of-living allowances of teachers under its employ.
Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as
difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as
determined by the Secretary of Education, they shall be compensated special hardship allowances
equivalent to at least twenty-five per cent of their monthly salary.
Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the
Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or
treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any
banking institutions operating under the laws of the Republic of the Philippines.

10

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries of
teachers except under specific authority of law authorizing such deductions: Provided, however, That
upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the
Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies,
shall be considered deductible.
IV. HEALTH MEASURES AND INJURY BENEFITS
Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided free of
charge for all teachers before they take up teaching, and shall be repeated not less than once a year
during the teacher's professional life. Where medical examination show that medical treatment and/or
hospitalization is necessary, same shall be provided free by the government entity paying the salary of
the teachers.
In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary
medical care with the right to be reimbursed for their traveling expenses by the government entity
concerned in the first paragraph of this Section.
Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of
employment injuries in accordance with existing laws. The effects of the physical and nervous strain on
the teacher's health shall be recognized as a compensable occupational disease in accordance with
existing laws.
V. LEAVE AND RETIREMENT BENEFITS
Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public schools,
they shall be entitled to study leave not exceeding one school year after seven years of service. Such
leave shall be granted in accordance with a schedule set by the Department of Education. During the
period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly
salary: Provided, however, That no teacher shall be allowed to accumulate more than one year study
leave, unless he needs an additional semester to finish his thesis for a graduate study in education or
allied courses: Provided, further, That no compensation shall be due the teacher after the first year of
such leave. In all cases, the study leave period shall be counted for seniority and pension purposes.
The compensation allowed for one year study leave as herein provided shall be subject to the condition
that the teacher takes the regular study load and passes at least seventy-five per cent of his courses.
Study leave of more than one year may be permitted by the Secretary of Education but without
compensation.
Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the
nature of the illness demands a long treatment that will exceed one year at the least.
Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service
requirements of the applicable retirement laws shall be given one range salary raise upon
retirement,which shall be the basis of the computation of the lump sum of the retirement pay and the
monthly benefits thereafter.
VI. TEACHER'S ORGANIZATION
11

Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without previous
authorization both to establish and to join organizations of their choosing, whether local or national to
further and defend their interests.
Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately preceding
Section shall be exercised without any interference or coercion. It shall be unlawful for any person to
commit any acts of discrimination against teachers which are calculated to (a) make the employment of
a teacher subject to the condition that he shall not join an organization, or shall relinquish membership
in an organization,
(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an
organization or because of participation in organization activities outside school hours, or with the
consent of the proper school authorities, within school hours, and (c) to prevent him from carrying out
the duties laid upon him by his position in the organization, or to penalize him for an action undertaken
in that capacity.
Sec. 29. National Teacher's Organizations. National teachers' organizations shall be consulted in the
formulation of national educational policies and professional standards, and in the formulation of
national policies governing the social security of the teachers.
VII. ADMINISTRATION AND ENFORCEMENT
Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the necessary
rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to
this Section shall take effect thirty days after publication in a newspaper of general circulation and by
such other means as the Secretary of Education deems reasonably sufficient to give interested parties
general notice of such issuance.
Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the
necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein
granted to public school teachers under the employ of the National Government.
Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any teacher in the
exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat
any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one
hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court.
If the offender is a public official, the court shall order his dismissal from the Government service.
Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this Act or
any provisions not affected thereby shall remain in force and in effect.
Sec. 35. This Act shall take effect upon its approval.

12

PRESIDENTIAL DECREE NO 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR PRACTICE IN THE
PHILIPPINES AND FOR OTHER PURPOSES
WHEREAS, the Constitution provides that "All educational institutions shall be under the supervision of;
and subject to regulation by, the State", and requires that "the State shall establish and maintain a
complete, adequate and integrated system of education relevant to the goals of national development";
WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has adopted
ways and means of overseeing all the educational institutions in the country;
WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring that the
educational institutions inculcate in the studentry love of the country, teach the duties of citizenship,
and develop moral character, personal discipline, and scientific, technological and vocational efficiency;
WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose direct
and continuing interaction with the young people and the children make them potent forces for the
development of proper attitudes among the citizenry;
WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in the civil
service sector alone more than 300,000 teachers deployed all over the country;
WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative requirements
are not overlooked, it has become necessary to regulate the teaching profession;
WHEREAS, although teaching requires a number of years of collegiate study, it is the only course that it
is not yet considered a profession;
WHEREAS, in recognition of the vital role of teachers in nation-building and as an incentive to raise the
morale of teachers, it is imperative that they be considered as professionals and teaching be recognized
as a profession.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby decree and order:
Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.
Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be given
primary concern and attention by the government and shall be of the highest quality, and strongly
oriented to Philippine conditions and to the needs and aspirations of the Filipino people even as it seeks
enrichment from adoptable ideas and practices of other people.
Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows:
(a) Teaching refers to the profession primarily concerned with the classroom instruction, at the
elementary and secondary levels, in accordance with the curriculum prescribed by National Board of
Education, whether on part-time or full-time basis in the public or private schools.

13

(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels, whether
on a full-time or part-time basis, including guidance counselors, school librarians, industrial arts or
vocational teachers and all other persons performing supervisory and/or administrative functions in all
schools in the aforesaid levels and legally qualified to practice teaching under this Decree.
(c)Board refers to the National Board for Teachers duly constituted under this Decree.
Section 4. Creation of the National Board for Teachers. There is hereby created a National Board for
Teachers, hereinafter called the Board, to be composed of the following:

1) Secretary of Education and Culture

Co-Chairman
2) Chairman, Civil Service Commission
3) Commissioner, Professional Regulations Commission
4) Two members representing the private sector to be
appointed by the President

Member

Section 5. Powers and Duties. The Board shall have the following powers and duties:
(a) Appoint a set of examiners for every examination who will determine and prepare the contents of
the Board examination for teachers, hereinafter referred to as examination, in the elementary and
secondary levels of instruction, to be held at least once a year;
(b) Determine and fix the places and dates of examination, appoint supervisors and room examiners
from among the employees of the Government who shall be entitled to a daily allowance to be fixed by
the Board for every examination day actually attended, use the buildings and facilities of public and
private schools for examination purposes, approve applications to take examination, and approve the
release of examination results;
(c) Look from time to time into the conditions affecting the practice of the teaching profession, adopt
such measures as may be deemed proper for the enhancement of said profession, and/or maintenance
of the professional standards and ethics;
(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer oaths;
(e) Appoint, subject to the provisions of existing laws, such officials and employees as are necessary in
the effective performance of its functions and responsibilities, prescribe their duties and fix their
compensation;
(f) Prescribe and collect examination and other fees as it may deem proper; and
14

(g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may be
necessary to carry into effect the purposes of this Decree.
Section 6. Qualification requirements for examination applicants. No applicant shall be admitted to take
the examination unless, on the date of filing of the application, he shall have complied with the
following requirements:
(a) Except those who have been engaged in teaching as herein defined for at least five years in schools in
the Philippines not organized exclusively for nationals of a foreign country at the time of the effectivity
of this Decree, the applicant must be a citizen of the Philippines;
(b) That he is of good moral character;
(c) That he is free from any physical and/or mental defect which will incapacitate him to render efficient
service; and
(d) That he possesses the following minimum educational qualifications:
1) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education
(B.S.E.Ed.) or its equivalent;
2) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major
and minor, or a Bachelor's degree in Arts or Sciences with at least eighteen units in professional
education; and
3) For teachers of secondary vocational and two-year technical courses, Bachelor's degree in the field of
specialization with at least eighteen units in professional education.
All applications shall be filed with an office or offices designated by the Board, preferably the offices of
the Civil Service Commission and the Department of Education and Culture.
These offices shall screen and approve such applications and issue the corresponding permits to take
the examination to qualify applicants.
Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every examination
who are recognized authority in teacher education, and their names shall not be disclosed until after the
release of the results of the examination. They shall each receive as compensation the sum of not less
than P5.00 for each examinee as may be determined by the Board but in no case shall each examiner
receive more than P18,000 per examination. Any examiner who is in the service of the Government shall
receive the compensation herein provided in addition to his salary.
Section 8. Scope of the examination. The examination shall consist of written tests, the scope of which
shall be determined by the Board, taking into consideration the teaching plan of the schools legally
constituted in the Philippines.
Section 9. Ratings in the examination. In order that a candidate may be deemed to have successfully
passed the examinations, he must have obtained a general average of at least 70 per cent in all subjects,
with no rating below 50 per cent in any subject.

15

Section 10. Report of the results of examination. The examiners shall report the ratings obtained by each
candidate to the Board within 150 days after the last day of the examination, unless extended by the
latter.
Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil Service
Commission or jointly by the Civil Service Commission and the Department of Education and Culture
shall be considered as having passed the board examinations for teachers. The Board may consider their
certificates of rating as certificates of eligibility or issue an entirely new certificate upon registration of
the teacher and payment of the corresponding fees.
This provision shall likewise apply to those teachers who have permanent appointment under the
Magna Carta For Public School Teachers and all others who may be qualified for registration as
professional teachers under this Decree.
Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register holders of
Professional Teacher Certificate which registration shall evidence that the registrant is entitled to all the
rights and privileges of a Professional Teacher until and unless the certificate is suspended or canceled
by the Board for just cause.
Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board may, for
reason of equity and justice, and upon proper application therefor, issue another copy, original or
duplicate, upon payment of the required fee, of a certificate which has been revoked. A new certificate
to replace a lost, destroyed or mutilated certificate may be issued subject to the rules of the Board.
Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of the Board,
effect the registration, without examination, of a teacher validly registered under the laws of any foreign
state or country; Provided, That the requirements for registration in said foreign state or country are
substantially the same as those required and contemplated by this Decree, and the laws of such foreign
state or country allow citizens of the Philippines to practice the profession on the same basis and grant
the same privileges as the citizens or subjects of such foreign state or country; Provided finally, That the
applicant shall submit competent and conclusive documentary evidence, confirmed by the Department
of Foreign Affairs, showing that his country's existing laws permit citizens of the Philippines to practice
teaching profession under the rules and regulations governing citizens thereof.
Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in
teaching and/or act as a teacher as defined in this Decree, whether in the public or private elementary
or secondary school, unless he is holder of a Professional Teacher Certificate or is considered a
Professional Teacher under this Decree.
Section 16. Penal Provision. Any person who shall practice the teaching without a valid Professional
Teacher Certificate, or any person presenting as his or her own the certificate of another, or any person
giving any false or forged evidence in order to obtain a Professional Teacher Certificate or admission to
an examination, or any person assuming himself as a registered professional teacher or any person
violating any provision of this Decree shall be penalized by a fine of not less than One Thousand Pesos
nor more than Five Thousand Pesos with subsidiary imprisonment or to suffer an imprisonment of not
less than six months nor more than two years, or both such fine and imprisonment at the discretion of
the Court.
16

Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules and
regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed or
modified accordingly.
Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be affected thereby.
Section 19. Effectivity. This Decree shall take effect January 1, 1977.

REPUBLIC ACT NO. 7836

REPUBLIC ACT NO. 7836 AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE
PRACTICE OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION FOR
TEACHERS AND FOR OTHER PURPOSES
ARTICLE I
TITLE
SECTION 1. Short Title. This Act shall be known as the Philippine Teachers Professionalization Act
of 1994.
SECTION 2. Statement of Policy. The State recognizes the vital role of teachers in nation-building
and development through a responsible and literate citizenry. Towards this end, the State shall ensure
and promote quality education by proper supervision and regulation of the licensure examination and
professionalization of the practice of the teaching profession.
SECTION 3. Objectives. This Act has the herein objectives:
(a) The promotion, development and professionalization of teachers and the teaching profession; and
(b) The supervision and regulation of the licensure examination.
SECTION 4. Definition of Terms. For purposes of this Act, the following terms shall mean:
(a) Teaching refers to the profession concerned primarily with classroom instruction, at the
elementary and secondary levels in accordance with the curriculum prescribed by the Department of
Education, Culture and Sports, whether on part-time or full-time basis in the private or public schools.
(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels,
whether on full-time or part-time basis, including industrial arts or vocational teachers and all other
persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and
qualified to practice teaching under this Act.
(c) Board refers to the Board for Professional Teachers duly established and constituted under this
Act.
(d) Commission refers to the Professional Regulation Commission.

17

ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS
SECTION 5. Creation and Composition of the Board. There is hereby created under this Act a Board
for Professional Teachers, hereinafter called the Board, a collegial body under the general supervision
and administrative control of the Professional Regulation Commission, hereinafter referred to as the
Commission, composed of five (5) members who shall be appointed by the President of the Philippines
from among the recommends chosen by the Commission. The recommends shall be chosen from the
list of nominees selected by the accredited association of teachers, who duly possess all the
qualifications prescribed in Section 8 of this Act.
The chairman and the voice-chairman of the Board shall be appointed from these five (5) members by
the President: provided, that the members of the first Board appointed under this Act shall be
automatically registered as professional teachers and issued with the certificate of registration and
professional license upon payment of the fees for examination, registration, and other fees prescribed
by the Commission.
SECTION 6. Duties and Function of the Board. The Board shall have the following duties and
functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions
of this Act in accordance with the charter of the Professional Regulation Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint supervisors, proctors,
and other personnel as needed who shall be entitled to a daily allowance to be fixed by the Board for
every examination day actually attended, use buildings and facilities of public or private schools for
examination purposes;
(c) Issue, suspend, or revoke the certificate of registration for the practice of the teaching profession;
(d) Prescribe and collect examination and other fees as it may deem proper;
(e) Prescribe and/or adopt a code of ethical and professional standards for the practice of the teaching
profession. Such ethical standards, rules and regulations to take effect sixty (60) days after its
publication in the Official Gazette or in any newspaper of general circulation;
(f) Administer oaths in connection with the administration of this Act;
(g) Supervise and regulate the registration, licensure and practice of professional teachers in the
Philippines;
(h) Adopt an official seal of the Board;
(i) Look into the conditions affecting the practice of the teaching profession and whenever necessary,
adopt such measures as may be deemed proper for the enhancement and maintenance of high
professional and ethical standards of the profession;
(j) Ensure that all educational institutions offering elementary and secondary education comply with
the essential requirements for curricula, faculty and facilities for the elementary and secondary levels;
18

(k) Investigate such violations of this Act, the rules and the code of ethical and professional standards
for professional teachers as it may come to the knowledge of the Board, and for this purpose, to issue
subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of
documents in connection therewith; and
(l) Discharge such other powers, duties and functions as the Board may deem necessary for the
practice of the teaching profession and the upgrading, enhancement, development and growth of
education in the Philippines.
SECTION 7. Term of Office. The members of the Board shall hold office for a term of three (3) years
from the date they assume office: provided, that the first appointees to the Board under this Act shall
hold office according to the following terms: one (1) member shall serve for one (1) year; one (1)
member for two (2) years; the chairman, vice-chairman, and one (1) member for three (3)
years. Vacancies shall be served for the unexpired term only. No person who has served for two (2)
consecutive terms shall be eligible for reappointment. Appointment to fill an unexpired term shall be
considered an appointment to a complete term.
The chairman or any member shall take his oath of office prior to the performance of his duties.
SECTION 8. Qualification of Board Members. Each Board member must at the time of his
appointment:
(a) Be a citizen and resident of the Philippines;
(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high moral values in
his personal as well as professional conduct and has not been convicted of any offense involving moral
turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and preferably a
holder of a masters or doctorate degree in education, or their equivalents, from a university, school,
college, academy or institute duly constituted, recognized and/or accredited by the Philippine
government;
(d) Be a professional teacher with a valid certificate of registration and valid professional license, save
those members who shall compose the first Board for Professional Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession for at least ten
(10) years in the elementary and secondary level; and
(f) Not be an official or member of the faculty of, nor have pecuniary interest in any university, college,
school, or institution conferring a bachelors degree in education or its equivalents for at least three (3)
years prior to his appointment, and neither connected with a review center or with any group or
association where review classes or lectures in preparation for the licensure examination are offered or
conducted.
Provided, however, that, the membership to the Board shall be evenly distributed to cover all levels of
education, including equitable representation of the different fields of specialization.

19

SECTION 9. Compensation of the Board. The chairman, vice-chairman, and members of the Board
shall receive compensation comparable to the compensation received by existing regulatory boards
under the Professional Regulation Commission, computed on the basis of the number of
examinees/candidates.
SECTION 10. Supervision of the Board and Custodian of its Records. The Board shall be under the
supervision and control of the Commission. All records, including applications for examination,
examination papers and results, minutes of deliberation, administrative cases and investigative cases
and investigations involving professional teachers shall be kept by the Commission.
SECTION 11. Secretariat and Support Services. The Professional Regulation Commission, through its
chairman, shall provide the secretariat and other support services to implement effectively the
provisions of this Act.
SECTION 12. Removal of a Board Member. The chairman or any member of the Board may be
removed by the President of the Philippines upon recommendation of the Commission for neglect of
duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or
toleration of irregularities in the examination, after having been given the opportunity to defend himself
in a proper administrative investigation.
In the course of investigation, the President may preventively suspend the respondent.
ARTICLE III
EXAMINATION AND REGISTRATION
SECTION 13. Examination, Registration and License Required. Except as otherwise specifically
allowed under the provisions of this Act, all applicants for registration as professional teachers shall be
required to undergo a written examination which shall be given at least once a year in such places and
dates as the Board may determine upon approval by the Commission. A valid certificate of registration
and a valid professional license from the Commission are required before any person is allowed to
practice as a professional teacher in the Philippines, except as otherwise allowed under this Act.
SECTION 14. Scope of Examination. The examinations for the elementary and secondary school
teachers shall be separate. The examination for teachers in the elementary level shall consist of two (2)
parts, namely: professional education and general education. The examination for teachers in the
secondary level shall consist of three (3) parts, namely: professional education, general education, and
field of specialization.
SECTION 15. Qualification Requirements of Applicants. No applicant shall be admitted to take the
examination unless, on the date of filing of the application, he shall have complied with the following
requirements:
(a) A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the
practice of the teaching profession;
(b) At least eighteen (18) years of age;
(c) In good health and of good reputation with high moral values;
20

(d) Has not been convicted by final judgment by a court for an offense involving moral turpitude;
(e) A graduate of a school, college or university recognized by the government and possesses the
minimum educational qualifications, as follows:
(1) For teachers in preschool, a bachelors degree in early childhood education (BECED) or its
equivalent;
(2) For teachers in the elementary grades, a bachelors degree in elementary education (BSEED) or its
equivalent;
(3) For teachers in the secondary grades, a bachelors degree in education or its equivalent with a
major and minor, or a bachelors degree in arts and sciences with at least ten (10) units in professional
education; and
(4) For teachers of vocational and two-year technical courses, a bachelors degree in the field of
specialization or its equivalent, with at least eighteen (18) units in professional education.
SECTION 16. Report of the Results of the Examination. The Board shall, within one hundred twenty
(120) days after the examination, report the ratings obtained by each candidate to the Professional
Regulation Commission for approval and appropriate action.
SECTION 17. Issuance of Certificate of Registration and Professional License. The registration of a
professional teacher commences from the date his name is enrolled in the roster of professional
teachers.
Every registrant who has satisfactorily met all the requirements specified in this Act shall, upon payment
of the registration fee, be issued a certificate of registration as a professional teacher bearing the full
name of the registrant with serial number and date of issuance signed by the chairman of the
Commission and the chairman, vice-chairman, and members of the Board, stamped with the official
seal, as evidence that the person named therein is entitled to practice the profession with all the rights
and privileges appurtenant thereto. The certificate shall remain in full force and effect until withdrawn,
suspended and/or revoked in accordance with law.
A professional license signed by the chairman of the Commission and bearing the registration number
and date of issuance thereof and the month of expiry or renewability shall likewise be issued to every
registrant who has paid the annual registration fees for three (3) consecutive years. This license shall
serve as evidence that the licensee can lawfully practice his profession until the expiration of its validity.
SECTION 18. Oath Before Practice. Every registrant shall be required to take his professional oath
before practicing as a professional teacher.
SECTION 19. Periodic Merit Examination of Teachers. To encourage continuing professional growth
and development and to provide additional basis for merit promotion, in addition to their performance
rating, teachers may take an oral and written examination at least once in five (5) years as basis for
merit promotion. In taking this examination, no fee shall be required.
SECTION 20. Failure to Pass the Merit Examination. If a teacher fails to pass the merit examination,
he or she shall be allowed to take the examination for a second time. Should he or she fail to pass the
21

merit examination for the second time, then he or she shall be required to take a DECS accredited
refresher course or program before being allowed to retake the examination.
Failure of any permanent teacher to pass the merit examination shall not, however, be used as a ground
for his/her dismissal or demotion.
SECTION 21. Incentives. Teachers who pass the merit examination shall:
(a) Be awarded a diploma of merit by the Board;
(b) Earn merit points for purposes of promotion in salary or to a higher position or grade level;
(c) Be placed in the priority list for government scholarship; and
(d) Enjoy such other benefits as may be promulgated by the Board.
Similar incentives shall be given to teachers who make inventions, develop new methods of teaching,
write a book or books and create works of artistic merit.
SECTION 22. Integration of the Teaching Profession. The teaching profession shall be integrated
into one national organization which shall be recognized by the Board and the Commission as the one
and only integrated and accredited association of professional teachers. Upon registration with the
Board, every professional teacher shall be encouraged to become a member of the integrated national
organization. Those who have been registered with the Board but are not members of the said
integrated organization shall be allowed to register as members of the said integrated organization
within three (3) years after the effectivity of this Act. Membership in the integrated organization shall
not be a bar to membership in other associations of the teaching profession. The professional teachers
shall receive the benefits and privileges appurtenant to their membership in the said integrated and
accredited organization of professional teachers only upon payment of the required membership fees
and dues.
SECTION 23. Revocation of the Certificate of Registration, Suspension from the Practice of the
Teaching Profession, and Cancellation of Temporary or Special Permit. The Board shall have the
power, after due notice and hearing, to suspend or revoke the certificate of registration of any
registrant, to reprimand or to cancel the temporary/special permit of a holder thereof who is exempt
from registration, for any of the following causes:
(a) Conviction for any criminal offense by a court of competent jurisdiction;
(b) Immoral, unprofessional or dishonorable conduct;
(c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;
(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the
teaching profession;
(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of registration,
professional license or special/temporary permit;
(f) Chronic insobriety or habitual use of drugs;
22

(g) Violation of any of the provisions of this Act, the rules and regulations and other policies of the
Board and the Commission, and the code of ethical and professional standards for professional teachers;
and
(h) Unjustified or willful failure to attend seminars, workshops, conferences and the like or the
continuing education program prescribed by the Board and the Commission.
The decision of the Board to revoke or suspend a certificate may be appealed to the regional trial court
of the place where the Board holds office within fifteen (15) days from receipt of the said decision or of
the denial of the motion for reconsideration filed in due time.
SECTION 24. Registration by Reciprocity. No teacher of a foreign nationality shall be admitted to
the examination, or be given a certificate of registration or be entitled to any of the rights and privileges
provided under this Act; unless the country or state of which he is a subject permits Filipino professional
teachers to practice within its territorial limits on the same basis as subjects or citizens of said country or
state: provided, that the requirements of certification of teachers with said foreign state or country are
substantially the same as those required and contemplated under this Act: provided, further, that the
laws of such state or country grant the same privilege to Filipino professional teachers on the same basis
as the subject or citizens of such foreign country or state.
SECTION 25. Roster of Professional Teachers. A roster of professional teachers containing the
names and addresses of professional teachers, date of registration or issuance of certificate, and other
data which in the opinion of the Board may appear pertinent shall be maintained. Copies of the roster
shall be provided by the Commission to the Board, the Department of Education, Culture and Sports,
and the integrated and accredited organization of professional teachers.
SECTION 26. Registration and Exception. Two (2) years after the effectivity of this Act, no person
shall engage in teaching and/or act as a professional teacher as defined in this Act, whether in the
preschool, elementary or secondary level, unless he is a duly registered professional teacher, and a
holder of a valid certificate of registration and a valid professional license or a holder of a valid
special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of registration and
professional license as a professional teacher shall be issued without examination as required in this Act
to a qualified applicant, who at the time of the approval of this Act, is:
(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the
Department of Education, Culture and Sports; or
(b) A registered professional teacher with the National Board for Teachers under the Department of
Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006; or
(c) Not qualified under paragraphs one and two but with any of the following qualifications. to wit:
(1) An elementary or secondary teacher for five (5) years in good standing and a holder of Bachelor of
Science in Education or its equivalent; or

23

(2) An elementary or secondary teacher for three (3) years in good standing and a holder of a masters
degree in education or its equivalent.
Provided, that they shall be given two (2) years from the organization of the Board for professional
teachers within which to register and be included in the roster of professional teachers: provided,
further, that those incumbent teachers who are not qualified to register without examination under this
Act or who, albeit qualified, were unable to register within the two-year period shall be issued a fiveyear temporary or special permit from the time the Board is organized within which to register after
passing the examination and complying with the requirements provided this Act and be included in the
roster of professional teachers: provided, furthermore, that those who have failed the licensure
examination for professional teachers shall be eligible as para-teachers and as such, shall be issued by
the Board a special or temporary permit, and shall be assigned by the Department of Education, Culture
and Sports (DECS) to schools as it may determine under the circumstances.
ARTICLE IV
PROVISIONS RELATIVE TO THE PRACTICE OF THE
TEACHING PROFESSION
SECTION 27. Inhibition Against the Practice of the Teaching Profession. Except as otherwise
allowed under this Act, no person shall practice or offer to practice the teaching profession in the
Philippines or be appointed as teacher to any position calling for a teaching position without having
previously obtained a valid certificate of registration and a valid professional license from the
Commission.
SECTION 28. Penal Provisions. The following shall be punishable by a fine of not less than Five
thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor
less than six (6) months nor more than five (5) years, or both, at the discretion of the court:
(a) Any person who practices the teaching profession in the Philippines without being certified in
accordance with the provisions of this Act;
(b) Any person who represents or attempts to use as his own certificate of registration that of another;
(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or any member
thereof in obtaining a certificate of registration as teacher;
(d) Any person who impersonates any registrant of the same or different name;
(e) Any person who uses a revoked or suspended certificate of registration;
(f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title or
description tending to convey or conveys the impression that he is a teacher without holding a valid
certificate; and
(g) Any person who violates or who abets the violation of any of the provisions of this Act.
The penalty of fine or imprisonment or both, as provided in this section, shall also apply to any school
official who shall cause or be responsible for the commission of any of the above-enumerated acts.

24

SECTION 29. Appropriations. Such sums as may be necessary to carry out the provisions of this Act
shall be included in the 1996 General Appropriations Act and thereafter.
SECTION 30. Implementing Guidelines. The Board shall formulate and adopt the necessary
guidelines for the effective implementation of the provisions of this Act within sixty (60) days of its
approval.
The Board shall submit to both Committees on Education, Arts, and Culture; and the Committees on Civil
Service and Professional Regulation of the Senate and House of Representatives, copies of the
implementing rules and guidelines within thirty (30) days after its promulgation.
Any violation of this section shall render the official/s concerned liable under Republic Act No. 6713,
otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees and
other pertinent administrative and/or penal laws.
SECTION 31. Transitory Provision. All incumbent teachers in both the public and private sector not
otherwise certified as professional teachers by virtue of this Act, shall be given (5) years temporary
certificates from the time the Board for Professional Teachers is organized within which to qualify as
required by this Act and be included in the roster of professionals.
Provided, however, that the Professional Board Examination for Teachers (PBET) shall still be
administered by the Civil Service Commission and the Department of Education, Culture and Sports for
the year 1995.
SECTION 32. Separability Clause. If, for any reason, any section or provision of this Act or the
application of such section or provision to any person or circumstance is declared unconstitutional or
invalid, no other section or provision of this Act shall be affected thereby.
SECTION 33. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 34. Effectivity Clause. This Act shall take effect after fifteen (15) days following its
complete publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved: December 16, 1994

25

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby declared to be the policy of the State
to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child
when the parent, guardian, teacher or person having care or custody of the child fails or is unable to
protect the child against abuse, exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care and custody of the
same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered
by circumstances which affect or will affect their survival and normal development and over which they
have no control.
The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in
the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy life.
Section 3. Definition of Terms.
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of
the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

26

(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of
his growth and development or in his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal development of
children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their
normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents
or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services
needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.1awphi1
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a comprehensive program to be formulated, by
the Department of Justice and the Department of Social Welfare and Development in coordination with
other government agencies and private sector concerned, within one (1) year from the effectivity of this
Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene
publications and indecent shows; other acts of abuse; and circumstances which endanger child survival
and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
27

Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for
money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not
limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years
of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in addition to the activity for which
the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found
alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is about to be exploited in
prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime
of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

28

ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under
Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of
child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7
hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live
or in video, or model in obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause
and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show
or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium
period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to
the Child's Development.
29

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development including those covered by
Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places
shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or
acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or
have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision
mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided,
however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty
to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who
allows any person to take along with him to such place or places any minor herein described shall be
imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos
(P50,000), and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes
of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of
acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended
party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that
imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of
Social Welfare and Development.

30

ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities
Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and
Indecent Shows, and Other Acts of Abuse. All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately closed and their authority or license to operate
cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or
the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare
and Development for such period which shall not be less than one (1) year, as the Department may
determine. The unauthorized removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment under this Act or in violation of the
Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency
which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a
lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services
include any lascivious conduct with the customers; or solicits children or activities constituting the
aforementioned acts shall be deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15) years of age may be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where
only members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or
(2) When a child's employment or participation in public & entertainment or information through
cinema, theater, radio or television is essential: Provided, The employment contract concluded by the
child's parent or guardian, with the express agreement of the child concerned, if possible, and the
approval of the Department of Labor and Employment: Provided, That the following requirements in all
instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;

31

(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.
Section 13. Non-formal Education for Working Children. The Department of Education, Culture and
Sports shall promulgate a course design under its non-formal education program aimed at promoting
the intellectual, moral and vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the learning process deemed
most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. No person shall
employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating
drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer. Every employer shall comply with the duties provided for in Articles 108
and 109 of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate any provision of this Article shall suffer the penalty
of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000)
or imprisonment of not less than three (3) months but not more than three (3) years, or both at the
discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the
offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to the rights guaranteed to children
under this Act and other existing laws, children of indigenous cultural communities shall be entitled to
protection, survival and development consistent with the customs and traditions of their respective
communities.
Section 18. System of and Access to Education. The Department of Education, Culture and Sports shall
develop and institute an alternative system of education for children of indigenous cultural communities
which culture-specific and relevant to the needs of and the existing situation in their communities. The
Department of Education, Culture and Sports shall also accredit and support non-formal but functional
indigenous educational programs conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social services in health and nutrition to
children of indigenous cultural communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition services to children of
indigenous cultural communities, indigenous health practices shall be respected and recognized.
32

Section 20. Discrimination. Children of indigenous cultural communities shall not be subjected to any
and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty
of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more
than Ten thousand pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through their duly-designated or
appointed representatives shall be involved in planning, decision-making implementation, and
evaluation of all government programs affecting children of indigenous cultural communities.
Indigenous institution shall also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote
the goal of children as zones of peace. To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be
protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its
civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides,
couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief services shall
be kept unhampered;
(d) The safety and protection of those who provide services including those involved in fact-finding
missions from both government and non-government institutions shall be ensured. They shall not be
subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military
purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to
armed conflict.
Section 23. Evacuation of Children During Armed Conflict. Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after
the safety and well-being of children during evacuation operations. Measures shall be taken to ensure
that children evacuated are accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. Whenever possible, members of the same family shall
be housed in the same premises and given separate accommodation from other evacuees and provided
with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers
and children shall be given additional food in proportion to their physiological needs. Whenever
feasible, children shall be given opportunities for physical exercise, sports and outdoor games.
33

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. Any child who has
been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled
to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department
of Social Welfare and Development or any responsible member of the community as determined by the
court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child
committed the acts charged against him, the court shall determine the imposable penalty, including any
civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such child to the custody or care of the
Department of Social Welfare and Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible person, until he has had reached
eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the
reports and recommendations of the Department of Social Welfare and Development or the agency or
responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of
Social Welfare and Development or any duly-licensed agency or such other officer as the court may
designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same
manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. The chairman of
the barangay affected by the armed conflict shall submit the names of children residing in said barangay
to the municipal social welfare and development officer within twenty-four (24) hours from the
occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;

34

(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. The offended party shall be immediately placed under the
protective custody of the Department of Social Welfare and Development pursuant to Executive Order
No. 56, series of 1986. In the regular performance of this function, the officer of the Department of
Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. At the instance of the offended party, his name may be withheld from the
public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio broadcasting, producer and director of the film in
case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this
Act which results in the moral degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. Cases involving violations of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus,
election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908,
all courts shall give preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who
is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity
or affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and
forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public
officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion
temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed:

35

Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim,
or any immediate member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and
regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.
Section 33. Appropriations. The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropriations Act of the year following its enactment into
law and thereafter.
Section 34. Separability Clause. If any provision of this Act is declared invalid or unconstitutional, the
remaining provisions not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. All laws, decrees, or rules inconsistent with the provisions of this Acts
are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. This Act shall take effect upon completion of its publication in at least
two (2) national newspapers of general circulation.
Approved: June 17, 1992.lawphi1

[REPUBLIC ACT NO. 7877]

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. This Act shall be known as the Anti-Sexual Harassment Act of 1995.
SEC. 2. Declaration of Policy. The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.
SEC. 3. Work, Education or Training-related Sexual Harassment Defined.
36

Work, education or training-related sexual harassment is committed by an employer, employee,

manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other
person who, having authority, influence or moral ascendancy over another in a work or training or
education environment, demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for submission is accepted by the object of
said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment
or continued employment of said individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in Republic Act No. 7877 page 2 any way would
discriminate, deprive or diminish employment opportunities or otherwise adversely affect said
employee;
(2) The above acts wold impair the employees rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission thereof by another without which
it would not have been committed, shall also be held liable under this Act.
SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment.
It shall be the duty of the employer or the head of the workrelated, educational or training environment
or institution, to prevent or deter the commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end,
the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of
sexual harassment.
37

The said rules and regulations issued pursuant to this subsection (a) shall include, among others,
guidelines on proper decorum in the workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee
shall conduct meetings, as the case may be, with officers and employees, teachers, instructors,
professors, coaches, trainors and students or trainees to increase understanding and prevent incidents
of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual
harassment. In the case of a work-related environment, the committee shall be composed of at least
one (1) representative each from the management, the union, if any, the employees from the
supervisory rank, and from the rank and file employees. In the case of the educational or training
institution, the committee shall be composed of at least one (1) representative from the administration,
the trainors, teachers, instructors, professors or coaches and students or trainees, as the case may be.
The employer or head of office, educational or training institution shall disseminate or post a copy of
this Act for the information of all concerned.
SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution. The employer or
head of office, educational or training institution shall be solidarily liable for damages arising from the
acts of sexual harassment committed in the employment, education or training environment if the
employer or head of office, educational or training institution is informed of such acts by the offended
party and no immediate action is taken thereon.
SEC. 6. Independent Action for Damages. Nothing in this Act shall preclude the victim of work,
education or training-related sexual harassment from instituting a separate and independent action for
damages and other affirmative relief.
SEC. 7. Penalties. Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not
less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such
fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.
SEC. 8. Separability Clause. If any portion or provision of this Act is declared void or unconstitutional,
the remaining portions or provisions hereof shall not be affected by such declaration.
SEC. 9. Repealing Clause. All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with provisions of this Act are hereby repealed or modified accordingly.
SEC. 10. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete publication in
at least two (2) national newspapers of general circulation.

38

REPUBLIC ACT NO. 8980

December 05, 2000

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR EARLY

CHILDHOOD CARE AND DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:
Section 1. Short Title. - This Act shall be known as the "ECCD Act,"
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to promote the rights of
children to survival, development and special protection with full recognition of the nature of childhood
and its special needs; and to support parents in their roles as primary caregivers and as their children's
first teachers. The State shall institutionalize a National System for Early Childhood Care and
Development (ECCD) that is comprehensive, integrative and sustainable, that involves multi-sectoral and
inter-agency collaboration at the national and local levels among government; among service providers,
families and communities; and among the public and private sectors, nongovernment organizations,
professional associations, and academic institutions, This System shall promote the inclusion of children
with special needs and advocate respect for cultural diversity. It shall be anchored on complementary
strategies for ECCD that include service delivery for children from conception to age six (6), educating
parents and caregivers, encouraging the active involvement of parents and communities in ECCD
programs, raising awareness about the importance of ECCD, and promoting community development
efforts that improve the quality of life for young children and families,
Section 3. Objectives. - The objectives of the National ECCD System are:
(a) To achieve improved infant and child survival rates by ensuring that adequates health and nutrition
programs are accessible to young children and their mothers from the pre-natal period throughout the
early childhood years;
(b) To enhance the physical, social, emotional, cognitive, psychological, spiritual and language
development of young children;
(c) To enhance the role of parents and other caregivers as the primary caregivers and educators of their
children from birth onwards;
(d) To facilitate a smooth transition from care and education provided at home to community or schoolbased setting and to primary school;
(e) To enhance the capabilities of service providers and their supervisors to comply with quality
standards for various ECCD programs;
(f) To enhance and sustain the efforts of communities to promote ECCD programs and ensure that
special support is provided for poor and disadvantaged communities;
(g) To ensure that young children are adequately prepared for the formal learning system and that both
public and private schools are responsive to the developmental needs of these children;

39

(h) To establish an efficient system for early identification, prevention, referral and intervention for
developmental disorders and disabilities in early childhood; and
(i) To improve the quality standards of public and private ECCD programs through, but not limited to, a
registration and credential system for ECCD service providers.
Section 4. Definitions. - For purposes of this Act:
(a) Early Childhood Care and Development (ECCD) System refers to the full range of health, nutrition,
early education and social services programs that provide for the basic holistic needs of young children
from birth to age six (6), to promote their optimum growth and development. These programs include:
(1) Center-based programs, such as the day care service established under Republic Act No. 6972, public
and private pre-schools, kindergarten or school-based programs, community or church-based early
childhood education programs initiated by nongovernment organizations or people's organizations,
workplace-related child care and education programs, child-minding centers, health centers and
stations; and
(2) Home-based programs, such as the neighborhood-based play groups, family day care programs,
parent education and home visiting programs.
(b) ECCD Service Providers include the various professionals, paraprofessionals, and volunteer caregivers
who are directly responsible for the care and education of young children through the various center
and home-based programs. They include, but are not limited to, day care workers, teachers, teacheraides, rural health midwives, social workers, community health workers, barangay nutrition scholars,
parent effectiveness service volunteers, child development workers, and family day care providers.
(c) ECCD Curriculum refers to the age-appropriate and developmentally appropriate educational
objectives, program of activities, organized learning experiences and recommended learning materials
for children that are implemented by service providers through center and home-based programs. It
shall consist of national program goals and guidelines, instructional objectives, and content outlines
integrating local learning experiences and indigenous learning materials.
(d) Parent Education refers to the various formal and alternative means of providing parents with
information, skills, and support systems to assist them in their roles as their children's primary
caregivers and educators. These include public and private parent education programs linked to center,
home and media-based child care and education programs.
Section 5. System Framework and Components. - The ECCD System shall include the following
components:
(a) ECCD Curriculum - which focuses on children's total development according to their individual needs
and socio-cultural background. It shall promote the delivery of complementary and integrative services
for health care, nutrition, early childhood education, sanitation, and cultural activities. It shall use the
child's first language as the medium of instruction.
(b) Parent Education and Involvement, Advocacy, and Mobilization of Communities - which harness and
develop parents' strengths as providers of ECCD at home, active partners or other stakeholders,
40

advocates for community concerns that affect children, and pillars of support for local and national
ECCD programs through community organization efforts.
(c) Human Resource Development Program - which establishes mechanisms for the systematic
professionalization of ECCD service providers, through enrolment in educational programs in site-based
or distance educational modes, through pre-service or in-service training including continuing education
programs, whereby a registration and credential system shall be developed in the ECCD System.
(d) ECCD Management - which focuses on a continuing process of planning, implementation,
supervision, financial management, monitoring, evaluation and reporting. It shall encourage the active
involvement and build the capabilities of service providers, parents, and local government officials to
sustain the program, and it shall be guided by the principles of decentralization as stipulated in the Local
Government Code of 1991.
(e) Quality Standards and Accreditation - which ensures that each component in the ECCD System
complies with national quality standards, to be established by the National ECCD Coordinating Council as
provided for under Section 8 of this Act, linked to an accreditation process.
Section 6. Establishment of ECCD System. - The National ECCD System shall be established in at least
three (3) regions each year, as may be determined by the National ECCD Coordinating Council, to
achieve national coverage over a five-year period.
Section 7. Implementing Arrangements and Operational Structures. - The implementation of the
National ECCD System shall be the joint responsibility of the national government agencies, local
government units, nongovernment organizations, and private organizations that are accredited to
deliver the services or to provide training and technical assistance.
(a) Responsibilities of the National Government - National government agencies shall be responsible for
developing policies and programs, providing technical assistance and support to the ECCD service
providers in consultation with coordinating committees at the provincial, city/municipal, and barangay
levels, as provided for in Section 8 of this Act, and monitoring of ECCD service benefits and outcomes.
The Department of Social Welfare and Development (DSWD), the Department of Education, Culture and
Sports (DECS), the Department of Health (DOH), the Department of the Interior and Local Government
(DILG), the Department of Labor and Employment (DOLE), the Department of Agriculture (DA), the
Department of Justice (DOJ), the National Economic and Development Authority (NEDA), and the
National Nutrition Council (NNC) shall jointIy prepare annual ECCD for work plans that will coordinate
their respective technical assistance and support for the National ECCD Program. They shall consolidate
existing program implementing guidelines that ensure consistency in integrated service delivery within
the National ECCD System.
(1) The DECS shall promote the National ECCD Progman in schools. ECCD programs in public schools
shall be under the joint responsibility of their respective school principal/school-head and parentsteachers-community association (PTCA) within the standards set forth in the National ECCD System and
under the guidance of the City/ Municipal ECCD Coordinating Committee for the effective and equitable
delivery of ECCD services. It shall also make available existing facilities of public elementary schools for
ECCD classes.
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(2) Public and private pre-schools shall be registered by the Provincial or City ECCD Coordinating
Committee upon the recommendation of the respective division office of the DECS. NGO-initiated,
community, church, home, and workplace-based service providers shall be registered upon the
recommendation of the provincial/city social welfare and development office. These public and private
ECCD service providers shall operate within the standards set forth in the National ECCD System and
under the guidance of the City/Municipal ECCD Coordinating Committee for the effective delivery of
ECCD services.
(b) Responsibilities of Local Government Units - Local government units (LGUs) shall be primarily
responsible for:
(1) Implementing the National ECCD Program by providing basic public ECCD services;
(2) Supporting the organization of parent cooperatives to initiate the establishment of ECCD programs;
(3) Ensuring that service providers of public ECCD programs under their supervision shall be justly
compensated, that adequate funds are made available, and their working conditions are conducive to
fulfill national quality standards; and
(4) Providing counterpart funds for the training and continuing education of ECCD service providers, and
supporting the operations of Provincial, City/Municipal and Barangay ECCD Coordinating Committees.
(c) Responsibilities of Families and Communities - The families and communities shall support the local
ECCD programs by participating in various projects for the overall development of their children.
Section 8. Creation of National Coordinating Council and Coordinating Committees for ECCD. - To ensure
the sustained inter-agency and multi-sectoral collaboration from the national, provincial, city/municipal
to barangay levels, a National Coordinating Council and provincial, city/municipal and barangay
coordinating committees shall be organized.
(a) National ECCD Coordinating Council - The Council for the Welfare of Children (CWC) shall also
function as the National ECCD Coordinating Council, hereinafter referred to as the Council, and shall
hereby be under the Office of the President.
(1) Composition - In addition to the existing members of the CWC, two (2) private individuals, who are
ECCD practitioners and experts shall be appointed by the President, upon recommendation of the
Council, for a term of two (2) years subject to one (1) reappointment. The Council shall meet once a
month or as often as necessary. The Secretaries of the DSWD, DECS, DOH, and DILG shall act as cochairpersons of the Council and must be represented by a person with a rank not lower than an
Undersecretary.
(2) Council Secretariat - The CWC Secretariat shall also serve as the secretariat of the Council. It shall be
headed by an executive director, who shall be appointed by the President, upon the recommendation of
the Council. He/She shall have the rank, privileges, and emoluments of a Career Executive Service
Officer I. Nothing herein shall prejudice any right vested prior to the enactment of this Act.
There shall be created two (2) permanent positions of Deputy Executive Directors to be appointed by
the Council, one of whom shall be exclusively concerned with ECCD programs and activities and the
42

other exclusively with the existing functions of the CWC. The Deputy Executive Directors shall be
assisted by senior technical staff to be seconded from the DSWD, DECS, DOH, DILG, DOLE, DA,
DOJ, NEDA and NNC for a period of at least two (2) years, subject to renewal, and shall be entitled to
whatever additional remuneration the law allows for such secondment.
(3) Functions of the National ECCD Coordinating Council. - The Council shall:
(i) Promulgate policies and implementing guidelines for ECCD programs in consultation with
stakeholders at various levels, including the regional level when appropriate, consistent with the
national policy and program frameworks as defined in this Act;
(ii) Establish ECCD program standards that reflect developmentally appropriate and culturally relevant
practices for ECCD programs, which shall interface with the primary school curriculum of the DECS;
(iii) Develop a national system for the recruitment, registration, continuing education and equivalency,
and credential system of ECCD service providers, supervisors and administrators to improve and
profesionalize the ECCD sector and upgrade quality standards of public and private ECCD programs;
(iv) Develop and implement a system of awards and recognition to deserving ECCD program
implementors and service providers;
(v) Coordinate the various ECCD programs of each line agency and monitor the delivery of services to
the ECCD program beneficiaries nationwide;
(vi) Evaluate and assess the impact and outcome of various ECCD programs nationwide through an
effective information system;
(vii) Develop and establish a national system for early identification, screening, surveillance of early
childhood disabilities, developmental problems, and giftedness;
(viii) Develop and implement various support mechanisms that maximize the public and private
resources for implementing ECCD programs, giving priority to the needy and high risk children from poor
communities;
(ix) Provide counterpart funds to poor and disadvantaged communities for the establishment and
expansion of public ECCD programs, improvement of physical facilities and for hiring of ECCD service
providers;
(x) Promote and encourage private sector initiative for the establishment of ECCD programs; and
(xii) Provide guidelines for ECCD Coordinating Committees at the provincial, city/ municipal and
barangay levels for the conduct of solicitations and requests for assistance from local and international
civic organizations, private philanthropic foundations to supplement available resources.
(b) Provincial ECCD Coordinating Committee. Composition, Function, Secretariat. - There shall be
created in every province a Provincial ECCD Coordinating Committee.
(1) Composition. - The Provincial ECCD Coordinating Committee shall be composed of the Governor of
the Province as Chairperson, Division Superintendent of DECS, Provincial Planning and Development
Officer, Provincial Budget Officer, Provincial Health Officer, Provincial Director of DILG, Provincial Social
43

Welfare and Development Officer, Provincial Treasurer, President of the Provincial League of Municipal
Mayors, and two (2) representatives of nongovernment organizations operating ECCD programs
appointed by the Committee, for a two-year term, subject to one (1) reappointment, as members;
(2) Functions - The Provincial ECCD Coordinating Committee shall be under the Provincial Development
Council and shall perform similar functions as the National ECCD Coordinating Council as appropriate,
including other functions that may be provided in the Implementing Rules and Regulations of this Act. It
shall coordinate the delivery of services and support from the National ECCD Coordinating Council and
the national line agencies involved in ECCD programs. It shall also support and complement the
resources available to municipalities and barangays in the province in the expansion and improvement
of ECCD programs, as well as be responsible for the registration of ECCD programs and service providers:
and
(3) Secretariat - The Provincial ECCD Coordinating Committee shall organize a secretariat which shall
coordinate and monitor the effective implementation of ECCD programs in the province. It shall be
headed by the provincial ECCD Officer, who shall be appointed by the Governor, upon the
recommendation of the Provincial ECCD Coordinating Committee. He/She skill have the rank, privileges
and emoluments of a Department head.
For the first three (3) years of the establishment of the ECCD system in the province, the salary,
allowances and other benefits of the Provincial ECCD Officer shall be paid for by the Council. Thereafter,
such sums as may be necessary for the salaries, allowances and other benefits of the Provincial ECCD
Officer shall be provided by the province.
(c) City/Municipal ECCD Coordinating Committee. Composition, Functions, Secretariat. -There shall be
created in every city and municipality a City/Municipal ECCD Coordinating Committee.
(1) Composition - The City/Municipal ECCD Coordinating Committee shall be composed of the
City/Municipal Mayor as Chairperson, the Division Superintendent/ District Supervisor of DECS,
City/Municipal Planning and Development Officer, City/ Municipal Budget Officer, City/Municipal Health
Officer, City/Municipal Social Welfare and Development Officer, City/Municipal Local Government,
Officer, City/Municipal Treasurer, City/Municipal Nutrition Officer, President of the Association of
Barangay Captains in the City/Municipality, President of the Parent Teachers-Community Federation in
the City/Municipality, and two (2) representatives of non-government organizations involved in ECCD
programs in the City/Municipality appointed by the Committee for a two-year term, subject to one (1)
reappointment, as members.
(2) Functions - The City/Municipal ECCD Coordinating Committee shall be under the city/municipal
development council and shall perform similar functions as the council as appropriate, including other
functions that may be provided in the Implementing Rules and Regulations. It shall likewise support and
complement the resources available to barangays in the expansion and improvement of ECCD programs,
coordinate and monitor the delivery of services at the barangay level, ensure accurate reporting and
documentation of service delivery, as well as mobilize and encourage private sector initiatives for the
establishment of ECCD program implementors in tile city/municipality that conforms to National ECCD
System Standards.

44

(3) Secretariat. - The City/Municipal ECCD Coordinating Committee shall organize a Secretariat which
shall coordinate and monitor the effective implementation of ECCD programs in the city/municipality. It
shall be headed by the City/Municipal ECCD Officer, who shall be appointed by the mayor, upon the
recommendation of the City/Municipal ECCD Coordinating Committee.
(d) Barangay ECCD Coordinating Committee - The Barangay Council for the Protection of Children
(BCPC), created under Presidential Decree 603, shall also function as the Barangay ECCD Coordinating
Committee. The BCPC shall be responsible for the proper and effective implementation of public ECCD
programs and maintenance of database system at the barangay level. Pursuant to this, all barangays
shall organize BCPCs in their respective areas.
The BCPC shall be composed of, among others: the Barangay Captain, the school head/s in the barangay,
the Barangay health midwife, the Barangay health worker, the Barangay nutrition scholar, the day care
worker/s, parents, the Sangguniang Kabataan Chairman, and a representative from child-focused non
government organizations/people's organizations, as members. The members of the BCPC shall elect
from among themselves the Chairperson.
Section 9. Financing ECCD Programs. - ECCD programs at the community level shall be financed through
a combination of public and private funds. All public ECCD program providers shall prioritize young
children from families who are in greatest need and who can least afford private sector programs.
(a) Public support for ECCD programs. The government shall support public ECCD program through costsharing arrangements that shall involve the LGUs, and counterpart funds from the national government
agencies for technical assistance and support. Additional funds may be generated from
intergovernmental donors and financial institutions by the appropriate government agencies through
the NEDA to support the public programs in fourth, fifth and sixth class municipalities including the
urban poor. Funds shall be accessible to qualified LGUs through the Municipal Development Fund or
other financing mechanisms as prescribed by the Department of Finance (DOF) and based on guidelines
from the Department of Budget and Management (DBM). The Council may establish a trust fund to
assist LGUs in the expansion and upgrading of ECCD programs.
Primary health care programs, pre-natal and post-natal care, growth, monitoring and promotion, and
supplementary nutrition programs shall continue to be funded through the LGUs with technical support
and additional resources from the DOH.
The Day Care Program, Parent Effectiveness Service, Child-Minding Centers, Family Day Care and ParentChild Development Programs shall continue to be supported by the LGUs in the form of construction of
basic infrastructure, provision of facilities, materials and equipment, and compensation for the service
providers. The DSWD shall provide for technical assistance.
The kindergarten program in public schools shall continue to be supported by the DECS in cooperation
with the PTCAs, where applicable, by providing teacher training, supplementary learning materials and
reference materials for ECCD programs.
The DSWD, DECS, DOH, and DILG shall support the implementation by LGUs of the National ECCD
Program and shall include in their respective annual general appropriations beginning the fiscal year
following the approval of this Act the necessary funding to achieve the goal of national coverage within
45

a five-year period and sustain the Program from thereon. The work and financial plan of the DSWD,
DECS, DOH, and DILG shall be coordinated with the Council.
(b) Support for ECCD Programs. - Supported for ECCD programs can be solicited from local and
international civic organizations, private philanthropic foundations to supplement available resources.
Workplace-based or related ECCD programs should be supported by corporations and employers in the
form of physical facilities and recurrent operating costs. The operating cost incurred for employer or
corporate-sponsored ECCD programs can be deducted from taxable income: Provided, That the
employer or corporation will not charge user fees.
(c) Costs to be Shouldered by Families. The Council shall monitor user fees and contributions allowed for
both public and private programs to ensure that these are affordable and within reasonable limits.
User fees for public programs should be limited to monthly contributions intended to subsidize
recurrent costs. Parents are encouraged to contribute their time and services especially in cases where
they are unable to afford the regular contributions.
Section 10. Appropriations. - For the implementation of this Act, the amount of Four hundred million
pesos (P400,000,000.00) per year for five (5) years is hereby appropriated for the National ECCD
Program of the council effective upon approval of this Act. Said amount shall be funded from the gross
income of the Philippine Amusement and Gaming Corporation and shall be directly remitted in four (4)
quarterly installments to a special account of the Council. Thereafter, such sums as may be necessary for
the operations of the Council shall be included in the General Appropriations Act.
A supplementary appropriations in the amount of Thirty million pesos (P30,000,000.00) shall be
provided to the Council from the President's Organizational Adjustment Fund upon approval of this Act.
The above appropriations shall be separate and distinct from the annual budget of the CWC.
Expenses for ECCD programs and technical support packages provided by the DSWD, DECS, DOH, DILG,
DOLE, DA, DOJ, NEDA, and the NNC shall be specified as separate line items in their respective annual
budgets in the General Appropriations Act. Their annual ECCD workplans shall be the basis for these
budgets and shall be released directly to their regional or provincial offices whenever applicable.
Section 11. Annual Report. - The Council shall, at the close of each calendar year, submit an annual
report to Congress, giving detailed account of its proceedings and accomplishments during the year
making recommendations for the adoption of measures that will improve the National ECCD System.
Section 12. Separability Clause. - If any provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of the other provisions thereof.
Section 13. Repealing Clause. - Pertinent provisions of Presidential Decree No. 603 and Executive Order
No. 233, all laws, Decrees, executive orders, presidential proclamations, rules and regulations or parts
thereof contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

46

Section 14. Implementing Rules and Regulations. - The Council in consultation with all appropriate
government agencies and nongovernnent organizations shall formulate and issue the necessary rules
and regulations for the implementation of this Act within ninety (90) days after the effectivity of this Act.
Section 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation
Approved: December 05, 2000

EXECUTIVE ORDER NO. 356 July 12, 1996

AMENDING EXECUTIVE ORDER NO. 203, "CREATING THE OVERSIGHT AND EXECUTIVE COMMITTEES
FOR THE NATIONAL GOVERNMENT'S MAJOR SOCIAL REFORM AGENDA," AND PROVIDING FOR THE
ADOPTION OF THE GUIDELINES ON THE INSTITUTIONAL ARRANGEMENT TO FAST-TRACK SRA
LOCALIZATION
WHEREAS, it has been a declared policy of the State to declare an all-out war against poverty as a major
component of the Philippines 2000 and as embodied in the Philippine Medium Term Development Plan
towards a common vision of an improved quality of life for every Filipino;
WHEREAS, the Social Reform Agenda is the operationalization of the people empowerment track of
Philippines 2000 and has been expanded to become the Integrated National Action Agenda on AntiPoverty as adopted during the National Anti-Poverty Summit held last 19-20 March 1996;
WHEREAS, the attainment of the common vision of winning the war against poverty entails an energized
bureaucracy and a participative civil society that adhere to continuous consensus-building processes to
effectively fast-track the localization of the SRA in order to achieve the two-pronged objectives of
reaching the national target of reducing poverty incidence by 30% in 1998 and ensuring that all relevant
policies, programs, projects and resources reach the targeted sectors and communities at the grassroots
level;
WHEREAS, the geographic target of the SRA implementation has been expanded from the 20 priority
provinces to all regions, provinces, cities and municipalities nationwide which requires a strengthening
of existing networks and organizations and broader participation from all stakeholders particularly the
local government units and the basic sectors;
WHEREAS, the war against poverty should be broken down into manageable battles that define the
areas of engagement and specific roles and accountabilities of major stakeholders at the national and
sub-national levels;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of powers
vested upon me by law, do hereby order the adoption of the guidelines on the institutional
arrangements to fast-track the localization of the SRA as the Integrated National Action Agenda on AntiPoverty;
47

SECTION 1. All National Government Agencies and Local Government Units are hereby directed to adopt
the guidelines on the SRA Institutional Arrangements issued by the Social Reform Council (SRC). They are
also directed to conduct in-house orientation and disseminate this guidelines to all their officials and
personnel.
SEC. 2. The outcomes of effective localization of the SRA entails the following stakeholders to undertake
these immediate tasks:
a. Flagship agencies are directed to implement and monitor the progress of their SRA program and
resource commitments to the targeted sectors and communities, and to make these information
available to all concerned basic sectors organizations and local government units;
b. Convergence lead agencies, together with the local government units and basic sectors, are directed
to orchestrate the convergence of programs, projects and resources to their respective convergence
areas. They also directed to spearhead the installation and monitoring of the Minimum Basic Needs
Approach in their respective areas;
c. Cabinet Officers for Regional Development are directed to orchestrate the implementation and
monitoring of the progress of their respective Regional Social Reform Agenda together with all regional
line agencies, local government units and basic sectors organizations; and
d. Local Government Units are directed to lead the implementation and monitoring of their Local Social
Reform Agenda in coordination with the basic sectors organizations at their respective levels.
SEC. 3. All National Government Agencies are directed to constantly interface with and provide support
and complementary interventions to their sectoral and local counterparts in the implementation of antipoverty plans and programs.
SEC. 4. National Government Agencies and Local Government Agencies are hereby directed to issue
necessary operational directives or issuances supportive of the provisions of this Order, in close
coordination with the SRC Secretariat to ensure consistency. lawphi1.net
SEC. 5. Flagship Agencies, Convergence Lead Agencies, Cabinet Officers for Regional Developments and
Local Government Units shall conduct periodic monitoring and evaluation of the implementation of the
guidelines on the Institutional Arrangements. The SRC Secretariat shall convene a sub-committee to
undertake periodic assessment every six (6) months, and provisions of the guidelines may be refined as
the need arises.
SEC. 6. The SRC shall adopt a Monitoring and Evaluation System (MES) to effectively track the progress
of SRA implementation as endorsed by the SRC Technical Working Group. The MES shall focus on the
Minimum Basic Needs and Basic Reform Commitments and the effective allocation and utilization of
resources for anti-poverty programs, among others.
SEC. 7. To effectively localize the SRA to all targeted areas, funding shall come from: a) the Flagship
Agencies and Convergence Lead Agencies and b) Office of the Cabinet Officers for Regional
Development. Augmentation fund shall come from the President's Contingent Fund and any other fund
that the President may authorize to be released to the CORDs, through the Social Reform Council. This
shall be done in close coordination with the Department of Budget and Management and the SRC
48

Secretariat, subject to availability of funds and the usual accounting and auditing rules and regulations.
The SRC shall prepare appropriate guidelines for this purpose.
SEC. 8. This Executive Order shall take effect immediately. lawphi1.net
DONE in the City of Manila, this 12th day of July in the year or Our Lord, Nineteen Hundred and NinetySix.

PRESIDENTIAL DECREE No. 6-A September 29, 1972

AUTHORIZING THE UNDERTAKING OF EDUCATIONAL DEVELOPMENT PROJECTS, PROVIDING FOR THE
MECHANICS OF IMPLEMENTATION AND FINANCING THEREOF, AND FOR OTHER PURPOSES
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972,
do hereby decree, order and make as part of the law of the land the following measures:
Section 1. Title. - This Decree shall be known as the "Educational Development Decree of 1972."
Section 2. Declaration of Policy. - It is hereby declared to be the policy of the government to ensure,
within the context of a free and democratic system maximum contribution of the educational system to
the attainment of the following national development goals:
(a) To achieve and maintain an accelerating rate of economic development and social progress;
(b) To assure the maximum participation of all the people in the attainment and enjoyment of the
benefits of such growth; and
(c) To strengthen national consciousness and promote desirable cultural values in a changing world.
Section 3. Statement of Objectives. - To this end, the educational system aims to:
(a) Provide for a broad general education that will assist each individual, in the peculiar ecology of his
own society, to (1) attain his potential as a human being; (2) enhance the range and quality of individual
and group participation in the basic functions of society; and (3) acquire the essential educational
foundation for his development into a productive and versatile citizen:
(b) Train the nation's manpower in the middle level skill required for national development;
(c) Develop the high-level professions that will provide leadership for the nation, advance knowledge
through research, and apply new knowledge for improving the quality of human life; and
(d) Respond effectively to changing needs and conditions of the nation through a system of educational
planning and evaluation.

49

Section 4. Guiding Principles of the Ten-Year Program. - In order to lay the foundation and to advance
the attainment of these objectives, a ten-year national education development program shall be
formulated based on the following:
(a) Improvement of curricular programs and quality of instruction of all levels by way of upgrading
physical faculties, adoption of cost-saving instructional technology, and training and re-training of
teachers and administrators;
(b) Upgrading of academic standards through accreditation schemes, admissions testing and guidance
counselling;
(c) Democratization of access to educational opportunities through the provision of financial assistance
to deserving students, skills training programs for out-of-school youth and continuing education
program for non-literate adults;
(d) Restructuring of higher education to become more responsive to national development needs
through a planned system of incentives and assistance to both public and private colleges and
universities and synchronization of curricular programs, staffing patterns and institutional development
activities;
(e) Expansion of existing programs and establishment of new ones designed to train middle-level
technical and agricultural manpower; and
(f) Instituting reform in the educational financing system to facilitate the shift of funding responsibility
for elementary and secondary education from the national to the local government, thereby increasing
government participation in higher education.
Section 5. Educational Development Projects. - The above-stated objectives shall be attained through
the undertaking of the following educational development projects:
(a) Management study of the Department of Education and Culture and institution of administrative
improvements therein;
(b) Establishment and/or operation or improvement of secondary schools which may include provision
for extension services, facilities and equipment to allow the use of expanded and improved curriculum;
(c) Establishment and/or operation, upgrading or improvement of technical institutes, skills training
centers, and other non-formal training programs and projects for the out-of-school youth and the
unemployed in collaboration with the programs of the National Manpower and Youth Council;
(d) Curriculum and staff development including mathematics and science teaching;
(e) Expansion of agricultural secondary and higher education programs and extension activities which
may include radio broadcasting and rural training services, and the provision of facilities therefor
including seed capital and revolving funds;
(f) Design, utilization and improvement of instructional technology and development/production of
textbooks and other instructional materials; and

50

(g) Assistance and incentives, including loans and grants, toward the planned development and
improvement of programs and facilities in both public and private universities, colleges and schools.
In addition, other educational development projects necessary pursuant to the objectives of this Decree
are likewise to be undertaken: Provided, That for such projects to qualify under this Decree, the same
must be consistent with the principles enunciated in Section 4 hereof, supported by sufficient studies,
data and plans of operation and implementation, endorsed by the National Board of Education to, and
approved by an Education Special Committee, hereinafter provided, to form part of the educational
development program.
Section 6. Working Arrangements. - For the attainment of the objectives of this Decree, an Education
Special Committee, composed of the Secretary of Education and Culture as Chairman and the Secretary
of Finance and the Commissioner of the Budget as members, if hereby created which shall:
(a) Approve and evaluate the specific projects, endorsed to it by the National Board of Education, to be
financed out of the resources provided for in this Decree; and
(b) Administer the Educational Institutions Development Fund as hereinafter provided, except that the
resources accruing into the Fund shall be managed by reputable fund managers or financial institutions.
The National Board of Education, as reorganized pursuant to Presidential Decree No. 1 dated September
24, 1972, shall, in addition to its functions, perform the following:
(a) Formulate education objectives and policies consistent with those enunciated in Section 2 hereof;
and
(b) Provide policy guidelines in the administration of the assistance and incentive programs provided for
in Section 5(g) hereof, which shall include a system of educational priorities consistent with national,
regional and/or local requirements for education and skills training, and such other procedures and
requirements as will ensure the continual upgrading of the quality of education, the rationalization and
institutional growth, and the democratization of access to education.
In the discharge of its functions, the National Board of Education shall be assisted by an office of
planning and research known as Planning Service in the Department of Education and Culture.
A project unit to be known as the Educational Development Projects Implementing Task Force is hereby
established under the Office of the Secretary of Education and Culture to be headed by a Director and
be composed of technical staff members and such consultants as are necessary. Its functions are:
(a) To supervise and implement foreign-assisted development projects; and
(b) To implement such other development projects as may be assigned to it by the Secretary of
Education and Culture.
Where the project involves an office, agency or instrumentality of the government other than the
Department of Education and Culture, appropriate working arrangements shall be established by the
Educational Department Projects Implementing Task Force and the office, agency or instrumentality
concerned, including the turn over of the project upon its completion to such office, agency or
instrumentality to be integrated with and be part of the regular activities thereof.
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Section 7. Authority to Borrow. - The President of the Philippines, in behalf of the Republic of the
Philippines, may contract loans, credits or indebtedness with any foreign source or lender, under such
terms and conditions as may be agreed upon, any provision of law, including Republic Act Numbered
Forty-eight hundred and sixty as amended by Republic Act Numbered Sixty-one hundred and forty-two,
Act Numbered Forty-two hundred and thirty nine, Commonwealth Act Numbered one hundred thirtyeight, Commonwealth Act Numbered Five Hundred forty-one, Republic Act Numbered Nine hundred
twelve, Republic Act Numbered Fifty-one hundred eighty-three, and other related laws to the contrary
notwithstanding, for a total amount not exceeding one hundred million United States dollars or the
equivalent thereof in other currencies, as may be necessary to meet the direct and indirect foreign
exchange requirements of the projects authorized under this Decree, to cover the costs of feasibility
studies, equipment, machineries, supplies, construction, installation and related services of any such
projects: Provided, That the loans, credit or indebtedness authorized herein shall be incurred on terms
of payment of not less that ten (10) years.
Section 8. Utilization of Proceeds. - The proceeds of such loans, credits or indebtedness, as well as the
appropriations under Section 9 hereof, shall be used exclusively for financing the educational
development projects authorized under this Decree: Provided, That for the purpose of ensuring
continued assistance to the planned development and improvement of programs and facilities in both
public and private universities, colleges and schools, there is hereby authorized to be established an
Educational Institutions Development Fund in an amount of not less that ten million pesos ( 10,000,000),
Philippine currency, annually for a period of ten (10) years. The said Fund shall be administered as a
separate fund, and lending or relending operations to private universities, colleges and schools shall be
subject to the rules and regulations to be promulgated by the National Board of Education with the
approval of the Secretary of Finance.
Cities, provinces and municipalities may undertake educational development projects pursuant to the
objectives of this Decree and are hereby authorized to avail themselves of proceeds of loans, credits or
indebtedness herein authorized as well as the appropriations under Section 9 hereof and receive
financial assistance subject to such conditions as may be provided for and/or promulgated by the
National Board of Education pursuant to this Decree.
Section 9. Appropriations. - In addition to the proceeds of the loans, credits or indebtedness mentioned
in Section 7 hereof, there is hereby appropriated for the projects authorized herein the sum of five
hundred million pesos (P500,000,000) out of the funds in the National Treasury not otherwise
appropriated which shall be programmed and released in the following manner: fifty million pesos
(P50,000,000) for Fiscal Year 1972-73 and fifty million pesos (P50,000,000) annually thereafter until June
thirty, nineteen hundred eighty-two: Provided, That notwithstanding the said schedule, releases in a
given year shall be adjusted in accordance with the actual requirements of the projects being
implemented during the fiscal year: Provided, further, That should there be any surplus in the annual
appropriations herein provided, the same shall accrue to the Educational Special Account herein created
in the General Fund which shall be made available to finance the projects during the subsequent fiscal
years.

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Section 10. Creation of Educational Special Account. - There is hereby established in the National
Treasury an Educational Special Account to meet the appropriations herein provided, which shall be
constituted from the following sources:
(a) Proceeds form bond issues as provided for under Section 11 of this Decree;
(b) Twenty million pesos (P20,000,000) annually from the share of the National Government in the
Special Education Fund under Republic Act Numbered Fifty-four hundred forty-seven as provided in
Section 12 hereof;
(c) Fifteen million pesos (P15,000,000) from the Special Science Fund for Fiscal Year 1972-73, and fifty
percentum (50%), annually thereafter until June 30, 1982, of the total annual receipts from the taxes
provided for under Republic Act Numbered Fifty-four hundred and forty-eight, as provided in Section 13
hereof;
(d) Future savings of the Department of Education and Culture that may result from the implementation
of reforms consequent to management study, as provided in Section 14 hereof; and
(e) Augmentations from the General Funds which are hereby authorized in cases where the above
sources are not sufficient to cover expenditures required in any year, as provided in Section 15 of this
Act.
The Department of Education and Culture is hereby authorized to receive and spend or utilize donations
and/or bequests made in pursuance of the purposes and for projects enunciated in this Decree which
donations and/or bequests shall be exempt from the payment of gift taxes.
Section 11. Bond Issues. - The Secretary of Finance may issue and sell bonds not exceeding twenty
million pesos annually under the authority of Republic Act Numbered Four thousand eight hundred
sixty-one, any provision of law to the contrary, notwithstanding.
Section 12. Portions of the Special Education Fund. - Any provision of law to the contrary
notwithstanding, effective July 1, 1972, until June 30, 1982, twenty million pesos (P20,000,000) of the
annual share of the National Government from the Special Education Fund provided for under Republic
Act Numbered Fifty-four hundred and forty-seven shall accrue to the Educational Special Account herein
provided. Thereafter, the said share shall accrue to the General Fund.
In this connection, the shares of the local governments from the said Fund may be used by them to
finance such projects as may be established in their locality under the authority of this Decree regardless
of any restriction imposed thereon.
Section 13. Portion of Special Science Fund. - Any provision of law to the contrary notwithstanding,
effective upon approval of this Decree, fifteen million pesos (P15,000,000) of the Special Science Fund
established under Republic Act Numbered fifty-four-hundred and forty-eight as amended as hereby
transferred to the Educational Special Account herein provided. Starting July 1,1972, until June 30, 1982,
fifty per centum (50%) of the total collections from the taxes imposed under Republic Act Numbered
fifty-four hundred and forty-eight as amended shall accrued to the Educational Special Account.
Thereafter, said portion shall accrue to the General Fund.

53

Section 14. Future Savings. - Such amount of savings resulting from the implementation of reforms
consequent to the management study authorized under Section 5 as may be necessary to prosecute the
projects under this Decree shall accrue to the Educational Special Account.
Section 15. Augmentation from General Fund. - In cases where funds from sources specified in Section
10 (a), (b), (c) and (d) are not sufficient to meet the requirements in any fiscal year, such amounts as are
necessary to meet such requirements are hereby appropriated out of the funds in the General Funds not
otherwise appropriated, and transferred to the Educational Special Account.
Section 16. Tax Exemption. - The loans, credits or indebtedness incurred pursuant to this Decree, the
payment of the principal, interests and other charges thereon, the earnings of the fund created under
Section 8, as well as the importation of articles, materials, equipment, machineries and supplies,
including all building materials by the Department of Education and Culture or other offices, agencies or
instrumentalities of the government and by private or chartered entities authorized by Education
Special Committee to undertake the projects authorized in this Act shall be exempt from all taxes,
duties, fees, imposts, other charges and restrictions, including import restrictions, imposed by the
Republic of the Philippines or any of its agencies or political subdivisions. The Secretary of Finance shall
promulgate rules and regulations necessary for the purpose.
Section 17. Additional Appropriations. - There is hereby authorized to be appropriated, out of any funds
in the National Treasury not otherwise appropriated, such sums as may be necessary to pay the
principal, interests and other charges on the loans, credits or indebtedness incurred under the authority
of this Decree as and when they become due.
Section 18. Repealing Clause. - All laws, executive orders, rules or regulations or parts thereof which are
inconsistent with this Decree are hereby repealed and/or modified accordingly.
Section 19. Effectivity. - This Decree shall take effect immediately.
Done in the City of Manila, this 29th day of September, in the year of Our Lord, nineteen hundred and
seventy two.

54

BATAS PAMBANSA BLG. 232

September 11, 1982

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF

EDUCATION
I. GENERAL PROVISIONS
CHAPTER 1
Preliminary Matters
Section 1. Title - This Act shall be known as the "Education Act of 1982."
Section 2. Coverage - This Act shall apply to and govern both formal and non-formal systems in public
and private schools in all levels of the entire educational system.
CHAPTER 2
Declaration of Basic State Policy and Objectives
Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a
complete, adequate and integrated system of education relevant to the goals of national development.
Toward this end, the government shall ensure, within the context of a free and democratic system,
maximum contribution of the educational system to the attainment of the following national
developmental goals:
1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To ensure the maximum participation of all the people in the attainment and enjoyment of the
benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and promote
desirable cultural, moral and spiritual values in a changing world.
The State shall promote the right of every individual to relevant quality education, regardless of sex, age,
creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other
affiliation. The State shall therefore promote and maintain equality of access to education as well as the
enjoyment of the benefits of education by all its citizens.
The state shall promote the right of the nation's cultural communities in the exercise of their right to
develop themselves within the context of their cultures, customs, traditions, interest and belief, and
recognizes education as an instrument for their maximum participation in national development and in
ensuring their involvement in achieving national unity.
Section 4. Declaration of Objectives - The educational system aim to:
1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his
own society, to
(a) attain his potentials as a human being;

55

(b) enhance the range and quality of individual and group participation in the basic functions of society;
and
(c) acquire the essential educational foundation of his development into a productive and versatile
citizen;
2. Train the nation's manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of knowledge
for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of educational
planning and evaluation.
Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions
shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character,
personal discipline, and scientific, technological, and vocational efficiency.
Furthermore, the educational system shall reach out to educationally deprived communities, in order to
give meaningful reality to their membership in the national society, to enrich their civic participation in
the community and national life, and to unify all Filipinos into a free and just nation.

II. THE EDUCATIONAL COMMUNITY

CHAPTER 1
Preliminary Provisions
Section 5. Declaration of Policy and Objectives - It is likewise declared government policy to foster, at all
times, a spirit of shared purposes and cooperation among the members and elements of the educational
community, and between the community and other sectors of society, in the realization that only in
such an atmosphere can be true goals and objectives of education be fulfilled.
Moreover, the State shall:
1. Aid and support the natural right and duty of parents in the rearing of the youth through the
educational system.
2. Promote and safeguard the welfare and interest of the students by defining their rights and
obligations, according them privileges, and encouraging the establishment of sound relationships
between them and the other members of the school community.
3. Promote the social economic status of all school personnel, uphold their rights, define their
obligations, and improve their living and working conditions and career prospects.
4. Extend support to promote the viability of those institutions through which parents, students and
school personnel seek to attain their educational goals.

56

Section 6. Definition and Coverage - "Educational community" refers to those persons or groups of
persons as such or associated in institutions involved in organized teaching and learning systems.
The members and elements of the educational community are:
1. "Parents" or guardians or the head of the institution or foster home which has custody of the pupil or
student.
2. "Students," or those enrolled in and who regularly attend and educational institution of secondary or
higher level of a person engaged in formal study. "Pupils," are those who regularly attend a school of
elementary level under the supervision and tutelage of a teacher.
3 "School personnel," or all persons working for an educational institution, which includes the following:
a. "Teaching or academic staff," or all persons engaged in actual teaching and/or research assignments,
either on full-time or part-time basis, in all levels of the educational system.
b. "School administrators," or all persons occupying policy implementing positions having to do with the
functions of the school in all levels.
c. "Academic non-teaching personnel," or those persons holding some academic qualifications and
performing academic functions directly supportive of teaching, such as registrars, librarians, research
assistants, research aides, and similar staff.
d. "Non-academic personnel," or all other school personnel not falling under the definition and coverage
of teaching and academic staff, school administrators and academic non-teaching personnel.
4. "Schools," or institutions recognized by the State which undertake educational operations.
Section 7. Community Participation. - Every educational institution shall provide for the establishment of
appropriate bodies through which the members of the educational community may discuss relevant
issues, and communicate information and suggestions for assistance and support of the school and for
the promotion of their common interest.
Representatives from each subgroup of the educational community shall sit and participate in these
bodies, the rules and procedures of which must be approved by them and duly published.
CHAPTER 2
Rights
Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have
children enrolled in a school have the following rights:
1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the
discussion of matters relating to the total school program, and for ensuring the full cooperation of
parents and teachers in the formulation and efficient implementation of such programs.
2. The right to access to any official record directly relating to the children who are under their parental
responsibility.

57

Section 9. Right of Students in School - In addition to other rights, and subject to the limitation
prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights:
1. The right to receive, primarily through competent instruction, relevant quality education in line with
national goals and conducive to their full development as person with human dignity.
2. The right to freely chose their field of study subject to existing curricula and to continue their course
therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the alternatives in
fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school shall maintain
and preserve.
5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer
credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the right to invite
resource persons during assemblies, symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to effective channels of communication
with appropriate academic channels and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organizations and societies recognized by the
school to foster their intellectual, cultural, spiritual and physical growth and development, or to form,
establish, join and maintain organizations and societies for purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their own he
organizations or societies.
Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the following
rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of communication
with appropriate academic and administrative bodies of the school or institution.
2. The right to be provided with free legal service by the appropriate government office in the case of
public school personnel, and through the school authorities concerned in the case of private school
personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than
the school or regulatory authorities concerned for actions committed directly in the lawful discharge of
professional duties and/or in defense of school policies.
3. The right to establish, join and maintain labor organizations and/or professional and self-regulating
organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own organizations.

58

Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights
mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the
following rights and/or privileges:
1. The right to be free from compulsory assignments not related to their duties as defined in their
appointments or employment contracts, unless compensated therefor, conformably to existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in school
administration, in classroom teaching, or others, for purposes of career advancement.
Section 12. Special Rights of School Administration - School administrators shall, in accordance with
existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded
sufficient administrative discretion necessary for the efficient and effective performance of their
functions.
School administrators shall be deemed persons in authority while in the discharge of lawful duties and
responsibilities, and shall therefore be accorded due respect and protection.
Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy the
following:
1. The right of their governing boards or lawful authorities to provide for the proper governance of the
school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall be admitted
to study, who may teach, and what shall be subjects of the study and research.
CHAPTER 3
Duties and Obligations
Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents shall
have the following duties and obligations:
1. Parents, individually or collectively, through the school systems, shall help carry out the educational
objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to
enable them to obtain secondary and higher education in the pursuance of the right formation of the
youth.
3. Parents shall cooperate with the school in the implementation of the school program curricular and
co-curricular.
Section 15. Duties and Responsibilities of Students - In addition to those provided for under existing
laws, every student shall:
59

1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education
suited to his abilities, in order that he may become an asset to his family and to society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by
the rules and regulations governing his academic responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline,
and by exerting efforts to attain harmonious relationships with fellow students, the teaching and
academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the
social, economic and cultural development of his community and in the attainment of a just,
compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or
violation of the public welfare and of the rights of others.
Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy,
goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance
of national development goals within the limits of available school resources.
3. Render regular reports on performance of each student and to the latter and the latter's parents and
guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and advancement and
maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are clearly not
manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political
change in his school and the community within the context of national policies.
Section 17. School Administrators' Obligations - Every school administrator shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy,
goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of
academic freedom and effective teaching and learning, and to harmonious and progressive schoolpersonnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students, teachers,
academic non-teaching personnel, administrative staff, and parents or guardians.
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5. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on
their actual performance in relation to their expected performance and counsel them on ways of
improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining
his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and
Sports.
Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel shall:
1. Improve himself professionally be keeping abreast of the latest trends and techniques in his
profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning.
3. Promote and maintain an atmosphere conducive to service and learning.

III. THE EDUCATIONAL SYSTEMS

CHAPTER 1
Formal Education
Section 19. Declaration of Policy. - The State recognizes that formal education, or the school system, in
society's primary learning system, and therefore the main instrument for the achievement of the
country's educational goals and objectives.
Section 20. Definition - "Formal Educational" refers to the hierarchically structured and chronologically
graded learning organized and provided by the formal school system and for which certification is
required in order for the learner to progress through the grades or move to higher levels. Formal
education shall correspond to the following levels:
1. Elementary Education. - the first stage of compulsory, formal education primarily concerned with
providing basic education and usually corresponding to six or seven grades, including pre-school
programs.
2. Secondary Education. - the state of formal education following the elementary level concerned
primarily with continuing basic education and expanding it to include the learning of employable gainful
skills, usually corresponding to four years of high school.
3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a specific
profession or discipline.
Section 21. Objectives of Elementary Education - The objectives of elementary education are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to personal
development and necessary for living in and contributing to a developing and changing social milieu;
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2. To provide learning experiences which increase the child's awareness of and responsiveness to the
changes in and just demands of society and to prepare him for constructive and effective involvement;
3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the
people to which he belongs; and
4. To promote work experiences which develop the child's orientation to the world of work and
creativity and prepare himself to engage in honest and gainful work.
Section 22. Objectives of Secondary Education. - The objectives of secondary education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to equip him with
skills for productive endeavor and/or prepare him for tertiary schooling.
Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural consciousness,
moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving the quality of
human life and responding effectively to changing societal needs and conditions.
CHAPTER 2
Non-Education and Specialized Educational Services
Section 24. Specialized Educational Service - The State further recognizes its responsibility to provide,
within the context of the formal education system, services to meet special needs of certain clientele.
These specific types, which shall be guided by the basic policies of the State embodied in the General
Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right
attitudes towards work; and "technical-vocational education," post-secondary but non-degree programs
leading to one, two, or three year certificates in preparation for a group of middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally, emotionally, socially, or
culturally different from the so-called "normal" individuals that they require modification of school
practices/services to develop them to their maximum capacity; and
3. "Non-formal Education," any organized school-based educational activities undertaken by the
Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning
objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults,
distinct from and outside the regular offerings of the formal school system.
The objectives of non-formal education are as follows:
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a. To eradicate illiteracy and raise the level of functional literacy of the population;
b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical
skills to enable them to become more productive and effective citizens; and
c. To develop among the clientele of non-formal education proper values and attitudes necessary for
personal, community and national development.
CHAPTER 3
Establishment of Schools
Section 25. Establishment of Schools - All schools shall be established in accordance with law. The
establishment of new national schools and the conversion of existing schools from elementary to
national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be
established must incorporate as an non-stock educational corporation in accordance with the provisions
of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case
of family-administered pre-school institutions.
Government assistance to such schools for educational programs shall be used exclusively for that
purpose.
Section 26. Definition of Terms - The terms used in this Chapter are defined as follows:
1. "Schools" are duly established institutions of learning or educational institutions.
2. "Public Schools" are educational institutions established and administered by the government.
3. "Private Schools" are educational institutions maintained and administered by private individuals or
groups.
Section 27. Recognition of Schools - The educational operations of schools shall be subject to their prior
authorization of the government, and shall be affected by recognition. In the case of government
operated schools, whether local, regional, or national, recognition of educational programs and/or
operations shall be deemed granted simultaneously with establishment.
In all other case the rules and regulations governing recognition shall be prescribed and enforced by the
Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a
permit system, stating the conditions for the grant of recognition and for its cancellation and
withdrawal, and providing for related matters.
Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of recognition to a
school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the course for which
recognition is granted, a certificate, title or diploma; and

63

3. It shall entitle the students who have graduated from said recognized course or courses to all the
benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the
government.
Operation of schools and educational programs without authorization, and/or operation thereof in
violation of the terms of recognition, are hereby declared punishable violations subject to the penalties
provided in this Act.
Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary accreditation
for institution which desire to meet standards of quality over and above minimum required for State
recognition.
CHAPTER 4
Internal Organization of Schools
Section 30. Organization of Schools - Each school shall establish such internal organization as will best
enable it to carry out its academic and administrative functions, subject to limitations provided by law.
Each school establish such arrangements for the peaceful settlement of disputes between or among the
members of the educational community.
Section 31. Governing Board - Every government college or university as a tertiary institution and every
private school shall have a governing board pursuant to its charter or the Corporation Code of the
Philippines, as the case may be.
Section 32. Personnel Transactions - The terms and conditions of employment of personnel in
government schools shall be governed by the Civil Service, budgetary and compensation laws and rules.
In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of
the Ministry of Labor and Employment as provided for by law regulations: Provided, That in view of the
special employment status of the teaching and academic non-teaching personnel, and their special roles
in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education,
Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of
Labor and Employment: Provided, further, That every private school shall establish and implement an
appropriate system within the school for the prompt and orderly settlement of provisions of Articles 262
and 263 of the Labor Code.
CHAPTER 5
School Finance and Assistance
Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the national
government shall contribute to the financial support of educational programs pursuant to goals of
education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measures to broaden access to education through financial assistance and other forms of
incentives to schools, teachers, pupils and students; and
2. Encourage and stimulate private support to education through, inter alia, fiscal and other assistance
measures.
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A. FUNDING OF REPUBLIC SCHOOLS

Section 34. National Funds - Public school shall continue to be funded from national funds: Provided,
That local governments shall be encouraged to assume operation of local public schools on the basis of
national fund participation and adequate revenue sources which may be assigned by the national
government for the purpose.
Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall extend
financial aid and assistance to public secondary schools established and maintained by local
governments, including barangay high schools.
Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall
appropriate funds in their annual budgets for the operation and maintenance of public secondary
schools on the basis of national fund participation.
Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to local
governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No.
5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and
Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be
subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget
laws and regulations.
Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge tuition
and other school fees, in order to improve facilities or to accommodate more students.
Section 39. Income from other Sources - Government-supported educational institution may receive
grants, legacies, donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from auxiliary enterprises may be
retained and used for schools concerned in accordance with rules and regulations jointly issued
consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry
of Education, Culture and Sports and the Commission on Audit.
B. FUNDING OF PRIVATE SCHOOLS
Section 40. Funding of Private Schools - Private schools may be funded from their capital investment or
equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment
income and income from other sources.
Section 41. Government Assistance - The government, in recognition of their complementary role in the
educational system, may provide aid to the programs of private schools in the form of grants or
scholarships, or loans from government financial institutions: Provided, That such programs meet
certain defined educational requirements and standards and contribute to the attainment of national
development goals.
Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and other
school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be

65

collectible, and their application or use authorized, subject to rules and regulations promulgated by the
Ministry of Education, Culture and Sports.
Section 43. Income from Other Sources - Any private school duly recognized by the government, may
receive any grant and legacy, donation, gift, bequest or devise from any individual, institution,
corporation, foundation, trust of philanthropic organization, or research institution or organization as
may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income
primarily to finance their educational operations and/or to reduce the need to increase students' fees.
Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as
other income of schools, shall be treated as institutional funds. Schools may pool their institutional
funds, in whole or in part, under joint management for the purpose of generating additional financial
resources.
C. INCENTIVES TO EDUCATION
Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national education
development goals to provide an incentive program to encourage the participation of the community in
the development of the educational sector.
Section 46. Relating to School Property - Real property, such as lands, buildings and other improvements
thereon used actually, directly and exclusively for educational purposes shall be subject to the real
property tax based on an assessment of fifteen per cent of the market value of such property: Provided,
That all the proceeds from the payment thereof shall accrue to a special private education fund which
shall be managed and disbursed by a local private school board which shall be constituted in each
municipality or chartered city with private educational institutions with the mayor or his representative
as chairman and not more than two representatives of the institutional taxpayers, and, likewise, not
more than two residents of the municipality or chartered city who are alumni of any of the institutional
taxpayers as members: Provided, further, That fifty percent of the additional one percent tax on real
estate property provided for under Republic Act 5447, shall accrue to the special private education fund:
Provided, finally, That in municipalities or chartered cities wherein the number of private institutions
with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of
the private school board shall be increased to not more than fourteen members determined
proportionately by the Minister of Education, Culture and Sports. The private school board shall adopt
its own rules which shall enable it to finance the annual programs and projects of each institutional
taxpayer for the following purposes; student-pupil scholarships; improvement of instructional, including
laboratory, facilities and/or equipment; library books and periodicals acquisition; and extension service
in the community, in that order of priority.
Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school, college
or university recognized by the Government shall not be subject to tax; Provided, That such gifts or
donations shall be for improvement of classrooms and laboratory of library facilities, and shall not inure
to the benefit of any officer, director, official, or owner or owners of the school, or paid out as salary,
adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or
professorial chairs.
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Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the investment
of any duly established scholarship fund of any school recognized by the government, constituted from
gifts to the school, and/or from contributions or other resources assigned to said fund by the school, if
said earnings are actually used to fund additional scholarship grants to financially deserving students
shall be exempt from tax until the scholarship fund is fully liquidated, when the outstanding balance
thereof shall be subject to tax.
Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of
property, real or personal, of any duly established private school, college or university, in pursuance of a
school dispersal program of the government or of the educational institution as approved by the
government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a
new or existing duly established school, college, or university located in the dispersal site, within one (1)
year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized
from the transaction shall immediately become due and payable.
Section 50. Conversion to Educational Foundations - An educational institution may convert itself into a
non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued
jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance.
In the case of stock corporations, if for any reason its corporate existence as an educational institution
ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may
be conveyed and transferred to any non-profit educational institution or successor non-profit
educational institution or to be used in such manner as in the judgment of said court will best
accomplish the general purposes for which the dissolved organization was organized, or to the State.
D. ASSISTANCE TO STUDENTS
Section 51. Government Assistance to Students - The government shall provide financial assistance to
financially disadvantaged and deserving students. Such assistance may be in the form of State
scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in
State colleges and universities.
All the above and similar assistance programs shall provide for reserve quotas for financially needed but
academically qualified students from the national cultural communities.
Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be encouraged
to grant scholarships to students pursuant to the provisions of existing laws and such scholarship
measures as may hereafter be provided for by law.
Section 53. Assistance from the Private Sector - The private sector, especially educational institutions,
business and industry, shall be encouraged to grant financial assistance to students, especially those
undertaking research in the fields of science and technology or in such projects as may be necessary
within the context of national development.

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS

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CHAPTER 1
GENERAL PROVISIONS
Section 54. Declaration of Policy - The administration of the education system and, pursuant to the
provisions of the Constitution, the supervision and regulation of educational institutions are hereby
vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the
charter of any state college and university.
Section 55. Organization - The Ministry shall be headed by the Minister of Education, Culture and Sports
who shall be assisted by one or more Deputy Ministers.
The organization of the Ministry shall consist of (a) the Ministry Proper composed of the immediate
Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is
hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary Education, the
Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the Bureau of
Continuing Education, which are hereby established, (d) Regional offices and field offices, (e) the
National Scholarship Center and such other agencies as are now or may be established pursuant to law,
and (f) the cultural agencies, namely: the National Library, the National Historical Institute, the National
Museum, and the Institute of National Language. Such of the above offices as are created or authorized
to be established under this provision, shall be organized and staffed and shall function, subject to the
approval of the President, upon recommendation of the Minister of Education, Culture and Sports in
consultation with the Presidential Commission on Reorganization.
Section 56. The National Board of Education is hereby abolished, and its appropriations, personnel,
records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and
Sports.
Section 57. Functions and Powers of the Ministry - The Ministry shall:
1. Formulate general education objectives and policies, and adopt long-range educational plans;
2. Plan, develop and implement programs and projects in education and culture;
3. Promulgate rules and regulations necessary for the administration, supervision and regulation of the
educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the various cultural agencies under
it;
6. Coordinate and work with agencies concerned with the educational and cultural development of the
national cultural communities; and
7. Recommend and study legislation proposed for adoption.
Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and Sports shall
make an annual report to the Batasang Pambansa on the implementation of the national basic
education plan, the current condition of the education programs, the adequacy or deficiency of the
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appropriations and status of expenditures, the impact of education on the different regions, the growth
of enrollment, the adequacy of academic facilities, the concentration of low income groups, or the
supply of teaching and non-teaching personnel, with such comments and appropriate recommendations
thirty (30) days before the opening of its regular session.
CHAPTER 2
BOARD OF HIGHER EDUCATION
Section 59. Declaration of Policy - Higher education will be granted towards the provision of better
quality education, the development of middle and high-level manpower, and the intensification of
research and extension services. The main thrust of higher education is to achieve equity, efficiency, and
high quality in the institutions of higher learning both public and private, so that together they will
provide a complete set of program offerings that meet both national and regional development needs.
Section 60. Organization of the Board of Higher Education - The Board of Higher Education is
reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall be
composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other
members to be appointed by the President of the Philippines upon nomination by the Minister of
Education, Culture and Sports for a term of four years. The four members shall have distinguished
themselves in the field of higher education and development either in the public or private sector. In the
initial appointment of the non-ex officio members, the first appointee shall serve for a term of four
years; the second for a term of three years; the third for a term of two years; and the fourth for a term
of one year. The Director of the Bureau of Higher Education shall participate in the deliberation of the
Board but without the right to vote. The Bureau of Higher Education shall provide the Board with the
necessary technical and staff support: Provided, That the Board may create technical panels of experts
in the various disciplines as the need arises.
Section 61. Function of the Board of Higher Education. - The Board shall:
1. Make policy recommendations regarding the planning and management of the integrated system of
higher education and the continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps to improve the governance of the
various components of the higher education system at national and regional levels.
3. Assist the Minister of Education, Culture and Sports in making recommendation relatives to the
generation of resources and their allocation for higher education.
CHAPTER 3
THE BUREAUS
Section 62. Bureau of Elementary Education - The Bureau shall perform the following functions:
1. Conduct studies and formulate, develop, and evaluate programs and educational standards for
elementary education;
2. Undertake studies necessary for the preparation of prototype curricular designs, instructional
materials, and teacher training programs for elementary education; and
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3. Formulate guidelines to improve elementary school physical plants and equipment, and general
management of these schools.
Section 63. Bureau of Secondary Education - The Bureau shall perform the following functions:
1. Conduct studies and formulate, develop and evaluate programs and educational standards for
secondary education;
2. Develop curricular designs, prepare instructional materials, and prepare and evaluate programs to
update the quality of the teaching and non-teaching staff at the secondary level;
3. Formulate guidelines to improve the secondary school physical plants and equipment, and general
management of these schools.
Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform the following:
1. Collaborate with other agencies in the formulation of manpower plans;
2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical programs and
recommend educational standards for these programs;
3. Develop curricular designs and prepare instructional materials, prepare and evaluate programs to
upgrade the quality of teaching and non-teaching staff, and formulate guidelines to improve the physical
plant and equipment of post-secondary vocational-technical schools.
Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform the following
functions:
1. Develop, formulate and evaluate programs, projects and educational standards for a higher
education;
2. Provide staff assistance to the Board of Higher Education in its policy formulation and advisory
functions;
3. Provide technical assistance to encourage institutional development programs and projects;
4. Compile, analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.
Section 66. Bureau of Continuing Education - As the main implementing arm of the non-formal
education programs of the Ministry, the Bureau shall provide learning programs or activities that shall:
1. Serve as a means of meeting the learning needs of those unable to avail themselves of the
educational services and programs of formal education;
2. Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing
employability, efficiency, productivity, and competitiveness in the labor market;
3. Serve as a means for expanding access to educational opportunities to citizens of varied interests,
demographic characteristics and socio-economic origins or status.
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CHAPTER 4
REGIONAL OFFICES
Section 67. Functions - A regional office shall:
1. Formulate the regional plan of education based on the national plan of the Ministry taking into
account the specific needs and special traditions of the region;
2. Implement education laws, policies, plans, programs, rules and regulations of the Ministry or agency
in the regional area;
3. Provide economical, efficient and effective education services to the people in the area.

V. MISCELLANEOUS PROVISIONS
CHAPTER 1
PENAL ADMINISTRATIVE SANCTIONS
Section 68. Penalty Clause - Any person upon conviction for an act in violation of Section 28, Chapter 3,
Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more
than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both,
in the discretion of the court.
If the act is committed by a school corporation, the school head together with the person or persons
responsible for the offense or violation shall be equally liable.
Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may prescribe and
impose such administrative sanction as he may deem reasonable and appropriate in the implementing
rules and regulations promulgated pursuant to this Act for any of the following causes:
1. Mismanagement of school operations;
2. Gross inefficiency of the teaching or non-teaching personnel;
3. Fraud or deceit committed in connection with the application for Ministry permit or recognition;
4. Failure to comply with conditions or obligations prescribed by this Code or its implementing rules and
regulations; and
5. Unauthorized operation of a school or course, or any component thereof, or any violation of the
requirement governing advertisements or announcements of educational institutions.
Sanctions against the schools shall be without prejudice to the interest of the students, teachers and
employees.
CHAPTER 2
ADMINISTRATIVE PROVISIONS

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Section 70. Rule-making Authority - The Minister Education, Culture and Sports charged with the
administration and enforcement of this Act, shall promulgate the necessary implementing rules and
regulations.
Section 71. Separability Provision - Any part or provision of this Act which may held invalid or
unconstitutional shall not affect its remaining parts of provisions.
Section 72. Repealing Clause - All laws or parts thereof inconsistent with any provision of this Act shall
be deemed repealed or modified, as the case may be.
Section 73. Effectivity - This Act shall take effect upon its approval.
Approved, September 11, 1982.

ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION
Section 1. The State shall protect and promote the right of all citizens to quality education at all levels,
and shall take appropriate steps to make such education accessible to all.
Section 2. The State shall:
1. Establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society;
2. Establish and maintain, a system of free public education in the elementary and high school
levels. Without limiting the natural rights of parents to rear their children, elementary education
is compulsory for all children of school age;
3. Establish and maintain a system of scholarship grants, student loan programs, subsidies, and
other incentives which shall be available to deserving students in both public and private
schools, especially to the under-privileged;
4. Encourage non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to community
needs; and
5. Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational
efficiency, and other skills.
Section 3.
1. All educational institutions shall include the study of the Constitution as part of the curricula.

72

2. They shall inculcate patriotism and nationalism, foster love of humanity, respect for human
rights, appreciation of the role of national heroes in the historical development of the country,
teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and creative thinking, broaden scientific
and technological knowledge, and promote vocational efficiency.
3. At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in public elementary and high schools within the regular class
hours by instructors designated or approved by the religious authorities of the religion to which
the children or wards belong, without additional cost to the Government.
Section 4.
1. The State recognizes the complementary roles of public and private institutions in the
educational system and shall exercise reasonable supervision and regulation of all educational
institutions.
2. Educational institutions, other than those established by religious groups and mission boards,
shall be owned solely by citizens of the Philippines or corporations or associations at least sixty
per centum of the capital of which is owned by such citizens. The Congress may, however,
require increased Filipino equity participation in all educational institutions. The control and
administration of educational institutions shall be vested in citizens of the Philippines.
No educational institution shall be established exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in any school. The provisions of this sub section shall
not apply to schools established for foreign diplomatic personnel and their dependents and, unless
otherwise provided by law, for other foreign temporary residents.
3. All revenues and assets of non-stock, non-profit educational institutions used actually, directly,
and exclusively for educational purposes shall be exempt from taxes and duties. Upon the
dissolution or cessation of the corporate existence of such institutions, their assets shall be
disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to
such exemptions, subject to the limitations provided by law, including restrictions on dividends and
provisions for reinvestment.
4. Subject to conditions prescribed by law, all grants, endowments, donations, or contributions
used actually, directly, and exclusively for educational purposes shall be exempt from tax.
Section 5.
1. the State shall take into account regional and sectoral needs and conditions and shall encourage
local planning in the development of educational policies and programs.
2. Academic freedom shall be enjoyed in all institutions of higher learning.
3. Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
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4. The State shall enhance the right of teachers to professional advancement. Non-teaching
academic and non-academic personnel shall enjoy the protection of the State.
5. The State shall assign the highest budgetary priority to education and ensure that teaching will
attract and retain its rightful share of the best available talents through adequate remuneration
and other means of job satisfaction and fulfillment.
LANGUAGE
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed
and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the Government shall take
steps to initiate and sustain the use of Filipino as a medium of official communication and as language of
instruction in the educational system.
Section 7. For purposes of communication and instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary
media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into
major regional languages, Arabic, and Spanish.
Section 9. The Congress shall establish a national language commission composed of representatives of
various regions and disciplines which shall undertake, coordinate, and promote researches for the
development, propagation, and preservation of Filipino and other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for national development and progress. The State shall
give priority to research and development, invention, innovation, and their utilization; and to science
and technology education, training, and services. It shall support indigenous, appropriate, and selfreliant scientific and technological capabilities, and their application to the country's productive systems
and national life.
Section 11. The Congress may provide for incentives, including tax deductions, to encourage private
participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other
forms of incentives shall be provided to deserving science students, researchers, scientists, inventors,
technologists, and specially gifted citizens.
Section 12. The State shall regulate the transfer and promote the adaptation of technology from all
sources for the national benefit. It shall encourage the widest participation of private groups, local
governments, and community-based organizations in the generation and utilization of science and
technology.

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Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and
other gifted citizens to their intellectual property and creations, particularly when beneficial to the
people, for such period as may be provided by law.
ARTS AND CULTURE
Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in diversity in a climate of free artistic and intellectual
expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote,
and popularize the nation's historical and cultural heritage and resources, as well as artistic creations.
Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation
and shall be under the protection of the State which may regulate its disposition.
Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities
to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the
formulation of national plans and policies.
Section 18.
1. The State shall ensure equal access to cultural opportunities through the educational system,
public or private cultural entities, scholarships, grants and other incentives, and community
cultural centers, and other public venues.
2. The State shall encourage and support researches and studies on the arts and culture.
SPORTS
Section 19.
1. The State shall promote physical education and encourage sports programs, league
competitions, and amateur sports, including training for international competitions, to foster
self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
2. All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.

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REPUBLIC ACT NO. 7722

AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES.
SECTION 1. Title. This Act shall be known as the "Higher Education Act of 1994."
Sec. 2. Declaration of Policy. The State shall protect, foster and promote the right of all citizens to
affordable quality education at all levels and shall take appropriate steps to ensure that education shall
be accessible to all. The State shall likewise ensure and protect academic freedom and shall promote its
exercise and observance for the continuing intellectual growth, the advancement of learning and
research, the development of responsible and effective leadership, the education of high-level and
middle-level professionals and the enrichment of our historical and cultural heritage.
State-supported institutions of higher learning shall gear their programs to national, regional or local
development plans. Finally, all institutions of higher learning shall exemplify through their physical and
natural surroundings the dignity and beauty of as well as their pride in, the intellectual and scholarly life.
Sec. 3. Creation of the Commission on Higher Education. In pursuance of the abovementioned
policies, the Commission on Higher Education is hereby created hereinafter referred to as the
Commission.
The Commission shall be independent and separate from the Department of Education, Culture and
Sports (DECS), and attached to the Office of the President for administrative purposes only. Its coverage
shall be both public and private institutions of higher education as well as degree-granting programs in
all post-secondary educational institutions, public and private.
Sec. 4. Composition of the Commission. The Commission shall be composed of five (5) full-time
members. During the transition period which begins upon approval of this Act, President may appoint
the Secretary of Education, Culture and Sports as ex-officio chairman of the Commission for a maximum
period of one (1) year. Thereafter, the President shall appoint a Chairman of the Commission and four
(4) commissioners, who shall be holders of earned doctorate(s), who have been actively engaged in
higher education for at least ten (10) years, and must not have been candidates for elective positions in
the elections immediately preceding their appointment. They shall be academicians known for their high
degree of professionalism and integrity who have distinguished themselves as authorities in their
chosen fields of learning. The members of the Commission shall belong to different academic
specializations.
In no case shall any and all of the Commissioners appoint representatives to act on their behalf.
Sec. 5. Term of Office. The President shall appoint the full-time chairman and the commissioners for a
term of four (4) years, without prejudice to one reappointment. The terms of the initial appointees shall
be on a staggered basis: the full-time chairman shall hold office for a term of four (4) years, the next two
(2) commissioners for three (3) years, and the last two (2) commissioners for two (2) years.
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The commissioners shall hold office until their successors shall have been appointed and
qualified. Should a member of the Commission fail to complete his term, his successors shall be
appointed by the President of the Philippines but only for the unexpired portion of the term.
Sec. 6. Rank and Emoluments. The chairman and the commissioners shall have the rank of a
Department Secretary and Undersecretary, respectively. They shall receive the compensation and other
emoluments corresponding to those of a Department Secretary and Undersecretary, respectively, and
shall be subject to the same disqualifications.
Sec. 7. Board of Advisers. There shall be constituted a Board of Advisers which shall meet with the
Commission at least once a year to assist it in aligning its policies and plans with the cultural, political
and socioeconomic development needs of the nation and with the demands of world-class scholarship.
The Board of Advisers shall be composed of the following:
(a) the Secretary of Education, Culture and Sports, as chairman;
(b) the Director-General of the National Economic and Development Authority, as co-chairman;
(c) the Secretary of Science and Technology;
(d) the Secretary of Trade and Industry;
(e) the Secretary of Labor and Employment;
(f) the President of the Federation of Accrediting Associations of the Philippines (FAAP); and
(g) the President of the Fund for Assistance to Private Education (FAPE).
Two (2) additional members of the Board of Advisers may be appointed by the President upon
recommendation of the Commission.

Sec. 8. Powers and Functions of the Commission. The Commission shall have the following powers
and functions:

(a) formulate and recommend development plans, policies, priorities, and programs on higher education
and research;
(b) formulate and recommend development plans, policies, priorities and programs on research;

77

(c) recommend to the executive and legislative branches, priorities and grants on higher education and
research;
(d) set minimum standards for programs and institutions of higher learning recommended by panels of
experts in the field and subject to public hearing, and enforce the same;
(e) monitor and evaluate the performance of programs and institutions of higher learning for
appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution or
withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation, program
termination or school closure;

(f) identify, support and develop potential centers of excellence in program areas needed for the
development of world-class scholarship, nation building and national development;
(g) recommend to the Department of Budget and Management the budgets of public institutions of
higher learning as well as general guidelines for the use of their income;
(h) rationalize programs and institutions of higher learning and set standards, policies and guidelines for
the creation of new ones as well as the conversion or elevation of schools to institutions of higher
learning, subject to budgetary limitations and the number of institutions of higher learning in the
province or region where creation, conversion or elevation is sought to be made;
(i) develop criteria for allocating additional resources such as research and program development
grants, scholarships, and other similar programs: Provided, That these shall not detract from the fiscal
autonomy already enjoyed by colleges and universities;
(j) direct or redirect purposive research by institutions of higher learning to meet the needs of agroindustrialization and development;
(k) devise and implement resource development schemes;
(l) administer the Higher Education Development Fund, as described in Section 10 hereunder, which will
promote the purposes of higher education;
(m) review the charters of institutions of higher learning and state universities and colleges including the
chairmanship and membership of their governing bodies and recommend appropriate measures as basis
for necessary action;
(n) promulgate such rules and regulations and exercise such other powers and functions as may be
necessary to carry out effectively the purpose and objectives of this Act; and
(o) perform such other functions as may be necessary for its effective operations and for the continued
enhancement, growth or development of higher education.
Sec. 9. The Secretariat. The Commission shall organize a secretariat which shall be headed by an
executive officer, subject to the national compensation and position classification plan. It shall fix the
secretariat's staffing pattern, determine the duties, qualifications, responsibilities and functions, as well

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as the compensation scheme for the positions to be created upon the recommendation of the executive
officer. It shall also prepare and approve its budget.

The Commission shall appoint the members of the staff upon the recommendation of the executive
officer.
Sec. 10. The Higher Education Department Fund. A Higher Education Development Fund, hereinafter
referred to as the Fund, is hereby established exclusively for the strengthening of higher education in
the entire country.
(a) The Government's contribution to the Fund shall be the following:
(1) the amount of Five hundred million pesos (P500,000,000) as seed capital;
(2) the amount of Fifty million pesos (P50,000,000) for the initial operation of the Commission;

(3) the equivalent of forty percent (40%) annual share on the total gross collections of the travel tax;
(4) the equivalent of thirty percent (30%) share of the collections from the Professional Registration Fee;
and
(5) the equivalent of one percent (1%) of the gross sales of the lotto operation of the Philippine Charity
Sweepstakes Office (PCSO).
(b) Starting Fiscal Year 1995 and every year thereafter, government financing institutions identified and
requested by the Commission may contribute to the Fund an amount equivalent to not less than three
percent (3%) but not more than five percent (5%) of their unimpaired surplus realized during the
immediately preceding year.
(c) The Fund shall have a private portion to be raised from donations, gifts, and other conveyances
including materials, equipment, properties and services by gratuitous title.
Sec. 11. Management and Administration of the Higher Education Development Fund. The Fund shall
be administered by the Commission. For sound and judicious management of the Fund, the Commission
shall appoint a reputable government financial institution as portfolio manager of the Fund, subject to
the following conditions.

As administrator of the Fund, the Commission shall prepare the necessary guidelines for its use, subject
to the following conditions:

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(a) No part of the seed capital of the Fund, including earnings thereof, shall be used to underwrite
overhead expenses for administration;
(b) Unless otherwise stipulated by the private donor, only earnings of private contributions shall be used
for administrative expenses;
(c) The Commission shall appoint and organize a separate staff, independent administratively and
budgetarily separate from the Commission Secretariat; and
(d) The Fund shall be utilized equitably according to regions and programs.
Sec. 12. The Technical Panels. The Commission shall reconstitute and/or organize technical panels for
different disciplines/program areas. They shall assist the Commission in setting standards and in
program and institution monitoring and evaluation. The technical panels shall be composed of senior
specialists or academicians to be appointed by the Commission.

Sec. 13. Guarantee of Academic Freedom. Nothing in this Act shall be construed as limiting the
academic freedom of universities and colleges. In particular, no abridgment of curricular freedom of the
individual educational institutions by the Commission shall be made except for: (a) minimum unit
requirements for specific academic programs; (b) general education distribution requirements as may
be determined by the Commission; and (c) specific professional subjects as may be stipulated by the
various licensing entities. No academic or curricular restriction shall be made upon private educational
institutions which are not required for chartered state colleges and universities.
Sec. 14. Accreditation. The Commission shall provide incentives to institutions of higher learning,
public and private, whose programs are accredited or whose needs are for accreditation purposes.

Sec. 15. Tax Exemptions. Any donation, contribution, bequest, and grant which may be made to the
Commission shall constitute as allowable deduction from the income of the donor for income tax
purposes and shall be exempt from donor's tax, subject to such conditions as provided under the
National Internal Revenue Code, as amended.
Sec. 16. Authority. The Commission shall exercise such authority as may be deemed necessary within
its premises or areas of operation to effectively carry out its powers and functions and to attain its
objectives: Provided, That the Commission may seek the assistance of other government agencies for
the proper implementation of this Act.
Sec. 17. Appropriation. The amount of Five hundred million pesos (P500,000,000) is hereby
authorized to be appropriated for the seed capital of the Fund. The additional amount of Fifty million
pesos (P50,000,000) is hereby authorized to be appropriated out of the funds in the National Treasury
not otherwise appropriated or out of the Philippine Amusement and Gaming Corporation (PAGCOR)
funds for the initial operation of the Commission.

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The sum equivalent to the appropriations for the current year for the Bureau of Higher Education and
the degree-granting-programs of the Bureau of Technical-Vocational Education, including those for
higher and tertiary education and degree granting vocational and technical programs of the Bureau of
Technical-Vocational Education in the regional offices, as well as parts of the budgetary items under the
DECS budget that are concerned with higher and tertiary education and degree-granting vocational and
technical programs such as those for personal services, maintenance and other operating expenses and
capital outlay, shall be transferred to the Commission.
Thereafter, the funds necessary shall be included in the General Appropriations Act.
Sec. 18. Transitory Provisions. Such personnel, properties, assets and liabilities, functions and
responsibilities of the Bureau of Higher Education, including those for higher and tertiary education and
degree-granting vocational and technical programs in the regional offices, under the Department of
Education, Culture and Sports, and other government entities having functions similar to those of the
Commission are hereby transferred to the Commission.
The Commission shall have the authority to appoint its own personnel.
All regular or permanent employees transferred to the Commission shall not suffer any loss of seniority
or rank or decrease in emoluments. Personnel of the Bureau of Higher Education not otherwise
transferred to the Commission shall be reassigned by the DECS in any of its offices and bureaus:
Provided, however, That, any employee who cannot be accommodated shall be given all the benefits as
may be provided under existing laws, rules and regulations.
Jurisdiction over DECS-supervised or chartered state-supported post-secondary degree-granting
vocational and technical programs and tertiary institutions shall be transferred to the Commission.

A transitory body is hereby created which shall be composed of the Secretary of Education, Culture and
Sports (DECS), Chair of the Senate Committee on Education, Arts and Culture, Chair of the House
Committee on Education and Culture, a representative each of the Association of Christian Schools and
Colleges (ACSC), the Catholic Educational Association of the Philippines (CEAP), the Philippine
Association of Colleges and Universities (PACU), the Philippine Association of Private Schools, Colleges
and Universities (PAPSCU), the Philippine Association of State Universities and Colleges (PASUC), and the
Philippine Association of Private Technical Institutions (PAPTI).
The transitory body shall facilitate the complete and full operation of the Commission which shall not be
later than three (3) months after the effectivity of this Act. It shall likewise, promulgate the rules and
regulations necessary to effectively implement the smooth and orderly transfer to the Commission. The
transition period not exceeding three (3) months shall commence from the approval of this Act.
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Sec. 19. Repealing Clause. All laws, presidential decrees, executive orders, rules and regulations or
parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Sec. 20. Separability Clause. If any part or provision of this Act shall be held unconstitutional or
invalid, other provisions hereof which are not affected thereby shall continue to be in full force and
effect.
Sec. 21. Effectivity. This Act shall take effect upon its approval.

Approved: May 18, 1994

Technical Education and Skills Development Act of 1994 or the "TESDA Act of
1994
SUMMARY
"AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY, PROVIDING
FOR ITS POWERS, STRUCTURE AND FOR OTHER PURPOSES"
Also known as: Technical Education and Skills Development Act of 1994 or the "TESDA Act of 1994"
Signed: August 23, 1994
This Act provides technical education and skills development opportunities to the development of highquality Filipino middle-level manpower with the active participation of the private enterprises (e.g.
those in the production, manufacturing, processing, repacking or assembly of goods). tThe TESDA Board
shall have one woman representative from the employer/industry organization, one from the labor
sector, and one from the national associations of private technical-vocational education and training
institutions.

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REPUBLIC ACT NO. 9155

August 11, 2001

AN ACT INSTITUTING A FRAME WORK OF GOVERNANCE FOR BASIC EDUCATION, ESTABLISHING

AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND
SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Governance of Basic Education Act of 2001."
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and promote the
right of all citizens to quality basic education and to make such education accessible to all by providing
all Filipino children a free and compulsory education in the elementary level and free education in the
high school level. Such education shall also include alternative learning systems for out-of-school youth
and adult learners. It shall be the goal of basic education to provide them with the skills, knowledge and
values they need to become caring, seIf-reliant, productive and patriotic citizens.
The school shall be the heart of the formal education system. It is where children learn. Schools shall
have a single aim of providing the best possible basic education for all learners.
Governance of basic education shall begin at the national level it is at the regions, divisions, schools and
learning centers herein referred to as the field offices - where the policy and principle for the
governance of basic education shall be translated into programs, projects and services developed,
adapted and offered to fit local needs.
The State shall encourage local initiatives for improving the quality of basic education. The State shall
ensure that the values, needs and aspirations of a school community are reflected in the program of
education for the children, out-of-school youth and adult learners. Schools and learning centers shall be
empowered to make decisions on what is best for the learners they serve.
Section 3. Purposes and Objectives. - The purposes and objectives of this Act are:
(a) To provide the framework for the governance of basic education which shall set the general
directions for educational policies and standards and establish authority, accountability and
responsibility for achieving higher learning outcomes;
(b) To define the roles and responsibilities of and provide resources to, the field offices which shall
implement educational programs, projects and services in communities they serve;
(c) To make schools and learning centers the most important vehicle for the teaching and learning of
national values and for developing in the Filipino learners love of country and pride in its rich heritage;
(d) To ensure that schools and learning centers receive the kind of focused attention they deserve and
that educational programs, projects and services take into account the interests of all members of the
community;
(e) To enable the schools and learning centers to reflect the values of the community by allowing
teachers/learning facilitators and other staff to have the flexibility to serve the needs of all learners;

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(f) To encourage local initiatives for the improvement of schools and learning centers and to provide the
means by which these improvements may be achieved and sustained; and
(g) To establish schools and learning centers as facilities where schoolchildren are able to learn a range
of core competencies prescribed for elementary and high school education programs or where the outof-school youth and adult learners are provided alternative learning programs and receive accreditation
for at least the equivalent of a high school education.
Section 4. Definition of Terms. - For purposes of this Act, the terms or phrases used shall mean or be
understood as follows:
(a) Alternative Learning System -is a parallel learning system to provide a viable alternative to the
existing formal education instruction. It encompasses both the nonformal and informal sources of
knowledge and skills;
(b) Basic Education - is the education intended to meet basic learning needs which lays the foundation
on which subsequent learning can be based. It encompasses early childhood, elementary and high
school education as well as alternative learning systems four out-of-school youth and adult learners and
includes education for those with special needs;
(c) Cluster of Schools - is a group of schools which are geographically contiguous and brought together to
improve the learning outcomes;
(d) Formal Education - is the systematic and deliberate process of hierarchically structured and
sequential learning corresponding to the general concept of elementary and secondary level of
schooling. At the end of each level, the learner needs a certification in order to enter or advance to the
next level;
(e) Informal Education - is a lifelong process of learning by which every person acquires and accumulates
knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life
itself;
(f) Integrated School. - is a school that offers a complete basic education in one school site and has
unified instructional program;
(g) Learner - is any individual seeking basic literacy skills and functional life skills or support services for
the improvement of the quality of his/her life;
(h) Learning Center - is a physical space to house learning resources and facilities of a learning program
for out-of-school youth and adults. It is a venue for face-to-face learning and activities and other
learning opportunities for community development and improvement of the people's quality of life;
(i) Learning Facilitator - is the key learning support person who is responsible for supervising/facilitating
the learning process and activities of the learner;
(j) Non-Formal Education - is any organized, systematic educational activity carried outside the
framework of the formal system to provide selected types of learning to a segment of the population;

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(k) Quality Education - is the appropriateness, relevance and excellence of the education given to meet
the needs and aspirations of an individual and society;
(I) .School - is an educational institution, private and public, undertaking educational operation with a
specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction
from teachers, usually located in a building or a group of buildings in a particular physical or cyber site;
and
(m) .School Head - is a person responsible for the administrative and instructional supervision of the
school or cluster of schools.
CHAPTER 1
GOVERNANCE OF BASIC EDUCATION
Section 5. Principles of Shared Governance. - (a) Shared governance is a principle which recognizes that
every unit in the education bureaucracy has a particular role, task and responsibility inherent in the
office and for which it is principally accountable for outcomes;
(b) The process of democratic consultation shall be observed in the decision-making process at
appropriate levels. Feedback mechanisms shall be established to ensure coordination and open
communication of the central office with the regional, division and school levels;
(c) The principles of accountability and transparency shall be operationalized in the performance of
functions and responsibilities at all levels; and
(d) The communication channels of field offices shall be strengthened to facilitate flow of information
and expand linkages with other government agencies, local government units and nongovernmental
organizations for effective governance.
Section 6. Governance. - The Department of Education, Culture and Sports shall henceforth be called the
Department of Education. It shall be vested with authority, accountability and responsibility for ensuring
access to, promoting equity in, and improving the quality of basic education. Arts, culture and sports
shall be as provided for in Sections 8 and 9 hereof.
Section 7. Powers, Duties and Functions. - The Secretary of the Department of Education shall exercise
overall authority and supervision over the operations of the Department.
A. National Level In addition to his/her powers under existing laws, the Secretary of Education shall have
authority, accountability and responsibility for the following:
(1) Formulating national educational policies;
(2) Formulating a national basic education plan;
(3) Promulgating national educational Standards;
(4) Monitoring and assessing national learning outcomes;
(5) Undertaking national educational research and studies;

85

(6) Enhancing the employment status, professional competence, welfare and working conditions of all
personnel of the Department; and
(7) Enhancing the total development of learners through local and national programs and/or projects.
The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not more
than four (4) assistant secretaries whose assignments, duties and responsibilities shall be governed by
law. There shall be at least one undersecretary and one assistant secretary who shall be career
executive service officers chosen from among the staff of the Department.
B. Regional Level
There shall be as many regional offices as may be provided by law. Each regional office shall have a
director, an assistant director and an office staff for program promotion and support, planning,
administrative and fiscal services.
Consistent with the national educational policies, plans and standards, the regional director shall have
authority, accountability and responsibility for the following:
(1) Defining a regional educational policy framework which reflects the values, needs and expectations
of the communities they serve;
(2) Developing a regional basic education plan;
(3) Developing regional educational standards with a view towards bench-marking for international
competitiveness;
(4) Monitoring, evaluating and assessing regional learning outcomes;
(5) Undertaking research projects and developing and managing region wide projects which may be
funded through official development assistance and/or or other finding agencies;
(6) Ensuring strict compliance with prescribed national criteria for the recruitment, selection and
training of all staff in the region and divisions.
(7) Formulating, in coordination with the regional development council, the budget to support the
regional educational plan which shall take into account the educational plans of the divisions and
districts;
(8) Determining the organization component of the divisions and districts and approving the proposed
staffing pattern of all employees in the divisions and districts;
(9) Hiring, placing and evaluating all employees in the regional office, except for the position of assistant
director;
(10) Evaluating all schools division superintendents and assistant division superintendents in the region;
(II) Planning and managing the effective and efficient use of all personnel, physical and fiscal resources
of the regional office, including professional staff development.;
(12) Managing the database and management information system of the region;
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(13) Approving the establishment of public and private elementary and high schools and learning
centers; and
(14) Preforming such other functions as may be assigned by proper authorities.
C. Division Level
A division shall consist of a province or a city which shall have a schools division superintendent, at least
one assistant schools division superintendent and an office staff for programs promotion, planning,
administrative, fiscal, legal, ancillary and other support services.
Consistent with the national educational policies, plans and standards the schools division
superintendents shall have authority, accountability and responsibility for the following:
(1) Developing and implementing division education development plans;
(2) Planning and managing the effective and efficient use of all personnel, physical and fiscal resources
of the division, including professional staff development;
(3) Hiring, placing and evaluating all division supervisors and schools district supervisors as well as all
employees in the division, both teaching and non-teaching personnel, including school heads, except for
the assistant division superintendent;
(4) Monitoring the utilization of funds provided by the national government and the local government
units to the schools and learning centers;
(5) Ensuring compliance of quality standards for basic education programs and for this purpose
strengthening the role of division supervisors as subject area specialists;
(6) Promoting awareness of and adherence by all schools and learning centers to accreditation
standards prescribed by the Secretary of Education;
(7) Supervising the operations of all public and private elementary, secondary and integrated schools,
and learning centers; and
(8) Performing such other functions as may be assigned by proper authorities.
D. Schools District Level
Upon the recommendation of the schools division superintendents, the regional director may establish
additional schools district within a schools division. School districts already existing at tile time of the
passage of the law shall be maintained. A schools district shall have a schools district supervisor and an
office staff for program promotion.
The schools district supervisor shall be responsible for:
(1) Providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;
(2) Curricula supervision; and

87

(3) Performing such other functions as may be assigned by proper authorities.

E. School Level
There shall be a school head for all public elementary schools and public high schools or a cluster
thereof. The establishment of integrated schools from existing public elementary and public high
schools shall be encouraged.
The school head, who may be assisted by an assistant school head, shall be both an instructional leader
and administrative manager. The school head shall form a them with the school teachers/learning
facilitators for delivery of quality educational programs, projects and services. A core of nonteaching
staff shall handle the school's administrative, fiscal and auxiliary services.
Consistent with the national educational policies, plans and standards, the school heads shall have
authority, accountability and responsibility for the following:
(1) Setting the mission, vision, goals and objectives of the school;
(2) Creating an environment within the school that is conducive to teaching and learning;
(3) Implementing the school curriculum and being accountable for higher learning outcomes;
(4) Developing the school education program and school improvement plan;
(5) Offering educational programs, projects and services which provide equitable opportunities for all
learners in the community;
(6) Introducing new and innovative modes of instruction to achieve higher learning outcomes;
(7) Administering and managing all personnel, physical and fiscal resources of the school;
(8) Recommending the staffing complement of the school based on its needs;
(9) Encouraging staff development;
(10) Establishing school and community networks and encouraging the active participation of teachers
organizations, nonacademic personnel of public schools, and parents-teachers-community associations;
(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading teachers' learning
facilitators' competencies, improving ad expanding school facilities and providing instructional materials
and equipment. Such donations or grants must be reported to the appropriate district supervisors and
division superintendents; and
(12) Performing such other functions as may be assigned by proper authorities.
The Secretary of Education shall create a promotions board, at the appropriate levels, which shall
formulate and implement a system of promotion for schools decision supervisors, schools district
supervisors, and school heads. Promotion of school heads shall be based on educational qualification,
merit and performance rather than on the number of teachers/learning facilitators and learners in the
school.

88

The qualifications, salary grade, status of employment and welfare and benefits of school heads shall be
the same for public elementary, secondary and integrated schools.
No appointment to the positions of regional directors, assistant regional directors, schools division
superintendents and assistant schools division superintendents shall be made unless file appointee is a
career executive service officer who preferably shall have risen from the ranks.
CHAPTER 2
TRANSFER OF CULTURAL AGENCIES
SEC. 8. Cultural Agencies. - The Komisyon ng Wikang Pilipino, National Historical Institute, Records
Management and Archives Office and the National Library shall now be administratively attached to the
National Commission for Culture and the Arts (NCCA) and no loner with the Department of Education.
The program for school arts and culture shall remain part of the school curriculum.
CHAPTER 3
ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS
Section 9. Abolition of BPESS. - All functions, programs and activities of the Department of Education
related to sports competition shall be transferred to the Philippine Sports Commission (PSC). The
program for school sports and physical fitness shall remain part of the basic education curriculum.
The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The personnel of the
BPESS, presently detailed with the PSC, are hereby transferred to the PSC without loss of rank, including
the plantilla positions they occupy. All other BPESS personnel shall be retained by the Department.
CHAPTER 4
SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES
Section 10. The Secretary of Education and the Secretary of Budget and Management shall, within
ninety (90) days from the approval of this Act, jointly promulgate the guidelines on the allocation,
distribution and utilization of resources provided by thenational government for the field offices, taking
into consideration the uniqueness of the working conditions of the teaching service.
The Secretary of the Department of Education shall ensure that resources appropriated for the field
offices are adequate and that resources for school personnel, school desks and textbooks and other
instructional materials intended are allocated directly and released immediately by the Department of
Budget and Management to said offices.
Section 11. The Secretary of the Department of Education, subject to civil service laws and regulations,
shall issue appropriate personnel policy rules and regulations that will best meet the requirements of
the teaching profession taking into consideration the uniqueness of the working conditions of the
teaching service.
Section 12. The Commission on Audit, in the issuance of audit rules and regulations that will govern the
utilization of all resources as well as the liquidation, recording and reporting thereof, shall take into
account the different characteristics and distinct features of the department's field offices, its
organizational set up as well as the nature of the operations of schools and learning centers.
89

CHAPTER 5
FINAL PROVISIONS
Section 13. Governance in the ARMM; - The Regional Education Secretary for the Autonomous Region in
Muslim Mindanao (ARMM) shall exercise similar governance authority over the divisions, districts,
schools and learning centers in the region as may be provided in the Organic Act. without prejudice to
the provisions of Republic Act No. 9054, entitled "An Act to Strengthen and Expand tile Organic Act for
the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No.6734, entitled'
An Act Providing for the Autonomous Region in Muslim Mindanao, as amended"'.
Section 14. Rules and Regulations. - The Secretary of Education shall promulgate the implementing rules
and regulations within ninety (90) days after the approval of this Act: Provided, That the Secretary of
Education shall fully implement the principle of shared governance within two (2) years after the
approval of this Act.
Section 15. Separability Clause. - If for any reason, any portion or provision of this Act shall be declared
unconstitutional, other parts or provisions hereof which are not affected thereby shall continue to be in
full force and effect.
Section 16 Repealing Clause. - All laws, decrees, executive orders, rules and regulations, part or parts
thereof, inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
Section 17. Effectivity Clause. - This Act. shall take effect fifteen (15) days following its publication in at
least two (2) newspapers of general circulation.

90